By As Law Online 
Navigating a car accident lawsuit can be daunting. There are lots of legal hoops to jump through, and it’s tough to know what to expect.
But here’s the deal…
The discovery phase of a lawsuit is one of the most crucial stages. This is where the evidence is presented. If you’re recovering lost wages after an accident, this stage is especially important.
The problem is…
Many people have no idea what “discovery” really is. They aren’t sure what to expect or what questions will be asked of them. Most importantly, they don’t understand how lost wages are proven after an accident.
That could mean thousands of dollars of settlement dollars walking right out the door.
When injuries force you to miss weeks, or even months, of work things get expensive. A lawsuit can take time, but your bills don’t care about legal deadlines. That’s why building your lost wages claim with solid proof during the discovery phase is so important.
Whether you have a car accident lawyer St Petersburg helping you out or not, here’s everything you need to know about recovering lost wages from an auto accident lawsuit during the discovery phase.
What you’ll learn:
- What Is the Discovery Phase?
- Why Discovery Is Important for Lost Wages
- Different Parts of the Discovery Process
- Strengthening Your Lost Wages Claim with Discovery
What Is the Discovery Phase?
When someone files a lawsuit, they’re kicking off the litigation process. Lawsuits have many phases, the discovery phase being one of them.
Discovery is the pretrial investigation part of a lawsuit.
Once the initial complaint is filed, and the defendant responds, both parties have an opportunity to learn more about each other’s side of the case.
Each party can learn about the evidence by sharing documents, written questions, and responses under oath.
Here’s the thing…
Most cases end during the discovery phase. The DOJ says around 95% of civil trials settle before trial, and many of those occur during or right after discovery.
Bottom line. Once both sides know what evidence exists, they pretty much have an idea how things will go at trial. Discovery pressures both sides to settle, and insurance companies are often more willing to pay out fair settlements after they’ve seen the full evidence.
Why Discovery Matters for Lost Wages Claims
Losing out on wages after an accident is one of the most common financial burdens victims face. When you miss time from work, bills don’t stop coming. Proving those losses to an insurer or judge requires documentation.
And that’s why the discovery phase of a lawsuit is so important.
During discovery, your attorney will gather the proof needed to show how much income you lost. This includes things like pay stubs, tax returns, employer verification, and of course medical records that verify why you couldn’t work.
The numbers don’t lie.
The National Highway Traffic Safety Administration says motor vehicle accidents cost America around $340 billion each year. $106 billion of that is paid in lost productivity. Recovering compensation for your lost time is one of the largest losses you’ll need to prove.
If you don’t take the time to prove your losses during discovery, you may not get them awarded in court.
Different Parts of the Discovery Process
Discovery can be broken into a few parts. During this phase, both parties go back and forth with requests for information.
The discovery phase usually lasts between 6-18 months. Some complex cases can even take longer.
Here is what to expect…
Interrogatories
Interrogatories are written questions sent by one party to another. The party receiving the questions must answer them under penalty of perjury.
In lost wages claims, you can expect questions about your employer, how much you earn, details about the accident, and how long you were unable to work. Answers to interrogatories are sworn statements and become part of the court record.
One thing to remember about interrogatories…
Everything you say must be true. Lying under oath is perjury, a crime. If you’re found to have lied about an answer, it could damage your credibility for the rest of the lawsuit.
Depositions
During a deposition, attorneys will question you in person. Typically, depositions are recorded by a court reporter.
Most everyone involved in a lawsuit will be deposed at some point. That includes the plaintiff, defendant, and even witnesses and medical experts.
For proving lost wages, depositions give both sides an opportunity to ask questions related to your injuries and how they impacted your ability to work.
Document Requests
Document requests are just what they sound like… one party can request documents from the other.
Examples include:
- Medical records/bills
- Employment records/pay stubs
- The accident report/police report
- Insurance policies/correspondence
- Photos/videos of the accident
Basically, if it’s related to the accident and your injuries, it can be requested. This is often how lawyers build their case.
For lost wages claims, the two most important documents will be your employment records and medical records.
How Discovery Strengthens a Lost Wages Claim
If you ask anyone who practices personal injury law, they’ll tell you about how important discovery is.
Here’s why…
Medical records demonstrate injuries. Pay stubs and employer statements show how much you were earning prior to the accident. Deposition answers connect the dots by clarifying how injuries prevented you from working.
Without discovery, a lost wages claim is merely an accusation. Go through discovery, and you have proof backed up by documented facts.
Future lost earnings are also taken into consideration during discovery. If your injuries will impact your ability to earn a living down the road, experts will need to be involved to estimate those losses.
Wrap Up
Knowing what to expect during the discovery phase of your lawsuit is important. Too many people try to rush through it and end up making costly mistakes.
When it comes to recovering lost wages from an auto accident lawsuit, take your time.
Discovery is how you’ll prove:
- How much income you lost while out of work
- Injury details that explain why you couldn’t work
- How your injuries may impact your ability to earn a living in the future
Discovery takes time, but don’t rush it. The more effort you put into proving your losses, the more likely you’ll be compensated for them.