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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

The Trial Pro, P.A. attorneys, carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured due to car accidents, slip-and-fall, worker's compensation cases, and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

What Is The Discovery Process In A Personal Injury Case?

Frequently Asked Questions - What Is The Discovery Process In A Personal Injury Case?

Most personal injury claims resolve at some point before going into litigation but, when a settlement is not reached despite every effort to do so, the decision may be made to file a lawsuit. At the time that it becomes clear that no acceptable pre-suit settlement offer will be made, a lawsuit may be filed.  According to the most recently available statistics, about ninety-five (95%) percent of pending lawsuits end in a pre-trial settlement. This means that just one (1) in twenty (20) personal injury cases is resolved in a court of law by a judge or jury.  Discovery is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, request for admissions and depositions.

Discovery is the gathering of evidence.  The parties have thirty (30) to forty-five (45) days to answer and produce the documents. The purpose of discovery is to make the parties aware of the evidence that may be presented at trial.  This process prevents “trial by ambush,” where one side does not learn of the other side's evidence or witnesses until the trial.  There are basically six (6) types of discovery in civil court:

  • Interrogatories
  • Requests for Production of Documents
  • Requests for Admissions
  • Depositions
  • Subpoenas Duces Tecum
  • Physical and Mental Examinations

Mainly, interrogatories are written questions which you will need to answer under oath at the request of the defendant’s attorney.  These questions are called “Interrogatories.”  Your attorney can answer by responding to Objection. If a question violates Florida's Constitutional right to privacy, or is overly intrusive and completely useless and consequentially, it is unlikely to lead to the discovery of admissible evidence.  Upon completing the responses to your interrogatories, you will sign a verification page.  A verification page is a document you will sign to verify that everything your attorney or attorney’s staff is true and to the best of your knowledge.  It is a document that will be notarized.  If you do not answer truthfully, it could damage the value of your case and any possible settlement.  More importantly, you can also commit fraud or perjury, and this most likely terminates your case.  There are also social media interrogatories which are questions specifically related to any and all social media outlets you might have online.  Again, it is very important that you answer all questions truthfully and do not erase any social media pages.

If someone does not answer (usually within 30 days) discovery questions.  The asking party can then file a motion to compel with the courts.  Technically the person that does not answer can be found in contempt and may have to pay the other parties attorney’s fees. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.

There are also “Requests for Document Production” which you may need to answer regarding copies of certain documents we will need which may be in your possession or control. It is very important that you answer all questions as truthfully and accurately as you can because any omissions or misrepresentations can be used against you later by the defense.

Request for Admissions is a list of questions that the defendant wants you to admit or deny about policy coverages, whether it be Personal Injury Protection (PIP), Medical Payments (Med Pay) coverage, health insurance coverage, any deductibles.  Also, questions regarding vehicles involved in the accident, medical treatment, and wage loss.

There is no given time where all cases settle or guarantee that any particular case will end in a settlement.  However, the majority of civil lawsuits (which includes personal injury cases) settle before trial.  Many of these cases will settle at the close of the discovery phase, which includes depositions. Taking depositions is one of the most common methods of discovery.  A deposition is a question and answers session in which the defense attorney will ask you a series of questions under oath. These questions include but are not limited to the facts of the accident, your injuries, your medical treatment, the effect of your injuries on your activities/life, and any previous or subsequent accidents. A deposition usually lasts between 1-4 hours and is one of the most important components of your case because the defense is also assessing what kind of appearance you would make in front of a jury.  If at any point, there is a question that your attorney does not want you to answer, he or she will object.  For instance, any communication you had with your attorney or attorney’s staff is considered privileged communication. Privileged communication is an interaction between two parties in which the law recognizes a private, protected relationship. Whatever is communicated between the parties remains confidential, and the law cannot force their disclosure.  For example, if a defense attorney asks you who referred you to a specific doctor and it was your attorney.  Then you do not need to answer that question.

Subpoenas Duces Tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding such as a deposition or examination. From the Latin duces tecum, meaning "you shall bring with you".

As part of the discovery process, a defendant may require the opposite party to see a doctor and submit to a physical or mental examination.  This usually happens in cases where the action is for personal injuries.

As a result, discovery is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, request for admissions and depositions.  It is important to answer truthfully and get the advice of an attorney when answering these questions.  If you need help, you can speak to an experienced Central Florida personal injury and car accident lawyer at Trial Pro.  Call us at Trial Pro, P.A at-1-800-Trial Pro.



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Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

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We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively.

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Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

Slip and Fall Accidents

Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

What Our Clients Say

What Our Clients Say About Our Personal Injury Attorneys

"From the beginning we knew we were in good hands."
Clarence,
Personal Injury Case
Trial Pro got me $491,000
"I wouldn't be where I am today without Trial Pro."
Clarence,
Personal Injury Case
Trial Pro got me $998,000
"Trial Pro satisfied client 2021"
Client,
Car Accident Case
Trial Pro got me $1,900,000
"We are really glad that we choose you guys to represent us."
Nicole,
Personal Injury Case
Trial Pro got me $1,000,000
"Trial Pro makes sure you get what you deserve."
Ashley,
Personal Injury Case
Trial Pro got me $795,000
"Trial Pro satisfied client 2021"
Client,
Car Accident Case
Trial Pro got me $1,510,000
"When I hired Trial Pro, I didn't have to worry about anything."
Mark,
Motorcycle Accident Case
Trial Pro got me $810,000

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In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how vital regular contact with our clients is - we never leave you hanging or delay our responses. 

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After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to represent you adequately. You want a reputable law firm that will.

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We put our knowledge and legal abilities into action to assist you to attain a positive outcome and ease the legal stress from your shoulders simultaneously. Trial Pro, P.A., holds a reputation for achieving real success for clients. Please leave it to us to fight wisely but aggressively. 
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Experiencing a car accident can be frustrating and scary, but our promises to you are fully authentic. Trial Pro, P.A.'s injury legal attorneys, do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations. 
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It would help if you didn't have to beg for a call back from your attorney. It would be best if you didn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claims. If we miss a call, we promise always to return it.
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Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.

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Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you to every degree. We vow to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or other business that you find more convenient. You are always welcome to come into our office as well.

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Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida. Our dedicated, experienced personal injury attorneys handle various legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome but relieve the legal burden on your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.


Trial Pro P.A. Orlando Office

  (407) 300-0000

 250 N Orange Ave 14th Floor
Orlando, FL 32801


Trial Pro P.A. Tampa Office

  (813) 522-5444

 1000 N. Ashley Drive, Suite 512
Tampa, FL, 33602


Trial Pro P.A. Naples Office

  (239) 300-0000

 870 111th Ave N #1
Naples, FL 34108


Trial Pro P.A. Fort Myers Office

  (239) 400-5000

 9341 Marketplace Rd
Fort Myers, FL 33912


Trial Pro P.A. Melbourne Office

  (321) 586-2088

 2551 W. Eau Gallie Blvd., Suite 102
Melbourne, FL, 32935

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Orlando, FL 32801

help@trialpro.com

(407) 300-0000


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The information on this website is for general information purposes only. The Information presented at this site should not be construed as formal legal advice nor the formation of an attorney-client relationship. For medical advice and treatment, you should contact a licensed medical professional.