What is Discovery in a California Personal Injury Case?

When a personal injury lawsuit is filed in California, there is a stage called Discovery. Discovery is the formal legal process where each side must exchange information and evidence relevant to the case. This is required by California law and helps both sides understand the facts, injuries, defenses, damages, and likely issues at trial.

Discovery usually begins after the defendant formally files an “Answer” to the complaint.

What Happens During Discovery?

During the Discovery phase, both sides can request:

• documents

• photos

• medical records

• insurance information

• witness information

• expert reports

• and many other forms of evidence

Each side may also ask the other side written questions (called Interrogatories) and request to take depositions.

Common Types of Discovery in a California Personal Injury Case

The following are common Discovery devices used in California civil litigation:

• Form Interrogatories

• Special Interrogatories

• Request for Production of Documents

• Requests for Admissions

• Depositions

• Independent Medical Examination (IME) under CCP §2032

• Expert Witness Disclosure under CCP §§2034

Not every case uses every method, but these are the most common tools lawyers use to gather information.

Why Discovery Matters in Your Case

Discovery is one of the most important parts of a California personal injury lawsuit because it provides the evidence each side needs to:

• evaluate the injuries

• assess liability

• review damages

• understand defenses

• determine future medical needs

• decide whether settlement is appropriate

Because of this, most cases will not settle in litigation until Discovery is substantially completed.

How Long Does Discovery Take?

In many cases, Discovery is the longest part of litigation. It may take many months depending on:

• complexity of injuries

• number of defendants

• expert witness issues

• court scheduling

• insurance carrier delays

Your attorney and legal team will guide you through each step of the process.

What You Need To Do As a Client

During Discovery we may need:

• updated contact information

• medical provider information

• medical records

• ongoing treatment notes

• employment information (for wage loss)

There are strict deadlines we must meet, so please return calls and emails promptly. This is extremely important.

Why We Sometimes Ask You for Documents More Than Once

Insurance carriers, defendants, and experts often ask for updated medical information multiple times during a case. This is normal. We understand it may feel repetitive, but complying with these requests is necessary for successful litigation.

Client Tip: Keep a Personal Injury Journal

We strongly recommend that you keep a daily or weekly journal documenting:

• medical visits

• pain and symptoms

• limitations

• work issues

• daily activities affected by injury

• emotional distress

• out-of-pocket expenses

This information can significantly help prove damages later during negotiations or trial.

The Law Offices of Norman Gregory Fernandez – California Personal Injury Attorneys

With nearly three decades of experience handling personal injury cases across California, our firm has litigated thousands of matters involving automobile accidents, motorcycle collisions, trucking accidents, dangerous premises, catastrophic injuries, and wrongful death.

We represent clients throughout the entire state of California, and we are committed to providing honest advice, aggressive representation, and personal attention on every case.

If you have questions about Discovery or any stage of your California personal injury case, we’re here to help.