How Long Does Discovery Take in a Personal Injury Case?
The discovery phase is crucial in a personal injury case, allowing both parties to gather evidence, question witnesses, and build their arguments. The timeline varies based on case complexity, court schedules, and the cooperation of those involved. On average, discovery lasts six months to over a year, though delays can occur due to legal disputes or procedural challenges.
At Howard Lewis & Petersen, PC, we manage the discovery process efficiently, ensuring our clients receive thorough case preparation while avoiding unnecessary delays.
Key Steps in the Discovery Process
Several stages make up the discovery process, each playing a crucial role in gathering evidence and preparing for trial:
- Interrogatories—Both sides exchange written questions to clarify facts related to the accident, injuries, and damages. As required by Utah courts, these responses must be submitted under oath within 30 to 45 days.
- Requests for Production – Attorneys request medical records, accident reports, and financial statements. If a party does not comply, we may file motions to compel disclosure, which can extend the timeline. Our Provo personal injury attorneys diligently collect all relevant evidence quickly.
- Depositions – Witnesses, medical experts, and the parties involved provide sworn testimony during depositions. Depending on the number of depositions needed and scheduling conflicts, this step can take several months. A well-prepared deposition is essential in strengthening a case, and our Utah personal injury attorneys ensure that critical information is uncovered.
Factors That Affect Discovery Timelines
Several factors influence the length of the discovery phase, including:
- Case Complexity – Cases involving multiple parties, severe injuries, or disputed liability take longer to investigate. If expert testimony, accident reconstruction, or additional medical evaluations are required, discovery can be extended by several months. Our Utah County car accident attorneys are committed to thorough case preparation while working to keep the process efficient.
- Court Schedules and Legal Motions – Court calendars and opposing counsel’s availability can affect how quickly discovery progresses. If motions are filed to exclude evidence or dispute testimony, hearings may be required, further delaying the case. Our firm stays proactive to ensure discovery moves forward without unnecessary setbacks.
- Settlement Negotiations – Many personal injury cases settle before trial, sometimes during or shortly after discovery. If settlement discussions are ongoing, discovery may temporarily pause while both parties assess the possibility of resolution.
How to Keep Discovery on Track
To help keep the discovery process moving efficiently, we focus on the following strategies:
- Responding to Requests Promptly – Delays often occur when parties take too long to answer interrogatories or produce required documents. Providing timely and accurate information allows our Provo car accident attorneys to maintain momentum in the case.
- Minimizing Discovery Disputes—While objections to certain requests are sometimes necessary, excessive disputes over evidence can slow the case down. Our team takes a strategic approach to ensuring that essential evidence is obtained while avoiding unnecessary legal battles.
- Using Mediation When Beneficial – When liability is clear, mediation can help resolve cases before trial, reducing the length of discovery. Many personal injury cases reach fair settlements through alternative dispute resolution rather than extended litigation.
Legal Support for Every Step of the Process
The discovery phase is essential in building a strong personal injury case; having the right legal team can make all the difference. At Howard Lewis & Petersen, PC, we provide legal services that cover every stage of personal injury litigation. From gathering evidence to handling depositions and settlement negotiations, we are committed to guiding our clients through the legal process and securing the best possible outcome.
Get the Legal Guidance You Need
Discovery is one of the most critical stages in a personal injury case, and having skilled legal representation can ensure the process moves efficiently while protecting your rights. At Howard Lewis & Petersen, PC, we are dedicated to helping our clients secure the compensation they deserve. If you need legal assistance, contact us today for a consultation.
