HomePersonal InjuryThis is What You Need to Know About Discovery in a Texas Personal Injury Lawsuit

This is What You Need to Know About Discovery in a Texas Personal Injury Lawsuit

If you have been injured as the result of somebody else’s negligence or recklessness—for instance, in a motor vehicle crash, in an explosion, through the defect of a product or because you slipped and fell on an improperly or poorly maintained surface—you have the right to seek compensation. Many times, the insurance company for the at-fault party will make you a settlement offer. If you choose to take their offer, you are entering into an agreement with the insurance company that you accept the amount of compensation and will not (and cannot, except in very rare circumstances) sue them after the fact. If you feel the amount of the settlement is less than fair, you can file a personal injury lawsuit.

Discovery helps lay the foundation for your lawsuit

Once you have decided that filing a lawsuit is the best course of action, one of the first steps your Texas personal injury attorney will take is to start the discovery process. Discovery is the legal process by which facts are ascertained: specifically, any non-privileged information that is relevant to your case. Both sides, the plaintiff (you) and the defendant (the insurance company or the at-fault party), are required to share any evidence they plan to use during the trial. Your attorney is looking for anything that can be used as evidence against the defendant. (One common example: if you were injured in a car wreck, was the other party driving under the influence of alcohol?)

Depending on the complexity of the case, steps in the discovery process may include:

  • Interrogatories: These are written requests for information. You are required to answer truthfully, under oath. Topics may include the circumstances of the accident, the extent of injuries, the medical treatments received, and in some cases, information about your employment, finances and any past lawsuits in which you may have been involved.
  • Admissions: Under Texas Civil Code 198.1, either party may serve “written requests that the other party admit the truth of any matter within the scope of discovery, including statements of opinion or of fact or of the application of law to fact, or the genuineness of any documents served with the request or otherwise made available for inspection and copying…” In short, this is the opportunity to admit the truth, deny, or state that you neither admit nor deny the truth of any factual statements made.
  • Request for production of documents, inspection or entry: Inevitably, the attorney for the defendant will request medical records and bills for any treatments you received. A request for entry means that “a party may gain entry on designated land or other property to inspect, measure, survey, photograph, test, or sample the property or any designated object.”
  • Deposition: This is where witnesses are called and make statements, under oath, before the judge, and with a court reporter present.

Find out more about how our Texas personal injury lawyers work to get you maximum compensation for your injury

If the insurance company has low-balled your claim and you wish to pursue a lawsuit, talk to an attorney with experience in all aspects of Texas personal injury law. To schedule a free consultation to discuss your case, please contact us online or call us at (281) 645-5000.

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“I am a survivor of the March 23, 2005, BP explosion. Knowing my life had just been changed in an instant and not knowing what was to come was extremely unsettling. So when the time came to find legal representation, I chose Burwell Nebout personal injury attorneys from League City, Texas. Knowing they are from the Galveston County area made this an easy choice. Russ and Jimmy assured me they would do all things possible to help me and my family get through this most difficult time. Once again, I’d like to thank these men and their staff for their professional knowledge and guidance throughout those tough times. I know without a doubt I made the right choice.”

David Laymance
Santa Fe, Texas


“My company has faced disputes that require the litigation process to achieve resolution. I chose Russ and Jimmy to represent me not only for their ability to guide us through the process in a cost-efficient manner with the goal of resolution, but also with the comfort of knowing they have the skills and expertise to try the case.”

Will Watt
Friendswood, Texas


“Thank you for the excellent work performed by you and your staff in helping our company each step of the way in our pursuit of seeking reimbursement from BP due to our losses from the Deepwater Horizon oil spill. The presentation of the facts as well as the unknowns with each turn of the roller coaster has been greatly appreciated. I cannot thank you enough for the work you put into this nor credit you enough for the polish and professionalism in the way you did it.”

Doug Vingoe
Houston, Texas

Case Results

Automobile Accident

$19.2 million

Two clients killed as a result of a special defect in the shoulder of the roadway. A state court jury trial resulted in a $19.2 million verdict.

Premises Liability

$10 million

Children that attended school on a former toxic dump site made claims for exposure injuries. $10 million settlement.

Liberty County Record Verdict

Record-setting verdict

Two high school seniors were on their way home on a stretch of road that had been the subject of repeated complaints to the Texas Department of Transportation (TXDOT) about the poor condition of the shoulder. When the students entered a curve, the poor condition of the shoulder resulted in a crash that killed one and severely brain-damaged the other. A trial against the Texas Attorney General’s office resulted in the discovery of altered records, a spoliation instruction, and a record-setting jury verdict for Liberty County.

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