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Explaining The Process Of Discovery

One of these aspects of a Florida personal injury lawsuit is known as discovery, and this process always takes place after the lawsuit is filed and before the case goes to trial. Discovery is a highly technical and strategic process that should be handled by Miami auto accident lawyers who have an intimate understanding of this process. Below is a brief description of how discovery generally works.

The Gathering of Evidence

One of the first steps that’s taken in furtherance of the discovery process is when the Miami auto accident lawyers who are handling the injured person’s case gather and organize the evidence that will bolster their case. This evidence can include the police report of the accident, witness statements and witness contact information, medical reports, medical bills, insurance claims and correspondence and potentially many other items. These items are the foundation of the evidence that will be used, and they must be organized and analyzed in terms of what will be useful, what will not be useful and what will or will not likely be admissible in court.

The Exchange of Evidence

The next step in the discovery process is the exchange of evidence between the parties. This evidence exchange is governed by rules of civil procedure, and certain items are generally requested in official court documents and exchanged properly. If either party excludes certain types of evidence that is supposed to be exchanged, it could lead to serious problems for the party that does not share this evidence.


Many times, depositions are scheduled and completed. Depositions are basically preliminary testimony and statements from witnesses to the accident, from the parties involved in the accident and perhaps even the police and medical professionals who were involved in the aftermath of the collision. The deposition testimony is used by both sides to prepare for trial, and this testimony can be critical in regards to the ultimate result of the case.

The examples above regarding discovery are only a few in number, and anyone who does not have the requisite background and experience will struggle mightily with this phase of a Florida personal injury lawsuit. If you or someone you love has been harmed in a crash, you need to seek the help of experienced Miami auto accident lawyers who understand how discovery should be handled and who can use this phase of a lawsuit to build a strong case for their clients. Contact Bernstein & Maryanoff today at 800-429-4529 to schedule a free initial consultation.