Discovery is the pretrial process in which both sides of a personal injury lawsuit exchange information and evidence. In Texas, discovery includes written questions, depositions, document requests, and required disclosures. The process helps attorneys investigate disputed facts, evaluate damages, and prepare for settlement negotiations or trial.
If you filed a personal injury lawsuit in Austin, Texas, understanding discovery can help you prepare for the questions, testimony, and records you may be asked to provide.
The Short Answer: How Does Discovery Work Before Trial?
Discovery allows both sides of a Texas personal injury lawsuit to obtain relevant information before trial. Texas Rules of Civil Procedure 190–205 govern the process, including its scope, methods, deadlines, and limitations.
Discovery generally begins after a lawsuit has been filed. Under Texas Rule of Civil Procedure 194.2, parties ordinarily must exchange initial disclosures within 30 days after the first answer or general appearance, unless an agreement or court order establishes a different deadline.
These disclosures identify relevant parties, witnesses, legal claims, damages, and supporting information. Additional discovery allows each side to investigate the other party’s account of the accident and injuries.
Interrogatories: What Written Questions Must You Answer Under Oath?
Interrogatories are written questions one party sends to another during a lawsuit. Under Texas Rule of Civil Procedure 197, the responding party generally has 30 days to provide written answers, subject to applicable objections and exceptions.
Answers usually must be signed under oath, although certain questions are exempt from verification.
In an Austin personal injury case, interrogatories might ask:
- How the accident happened
- What injuries you suffered
- Which medical providers treated you
- Whether you missed work because of your injuries
- What facts support your allegations of negligence
Under the standard Level 2 discovery plan, each party generally may serve up to 25 interrogatories on another party, excluding certain document-identification questions.
Your attorney can help prepare accurate responses and address improper or overly broad questions.
Depositions: What Happens When You Give Testimony Before Trial?
A deposition is an interview conducted under oath before trial. Texas Rule of Civil Procedure 199 governs oral depositions, which allow attorneys to question parties and witnesses about relevant facts.
Depositions typically take place outside a courtroom, either in person or remotely. A court reporter records the testimony, which may later be used in the lawsuit.
During a personal injury deposition, you may be asked about:
- Your description of the accident
- Your medical history and injuries
- Treatment received after the incident
- Physical limitations caused by your injuries
- Changes to your work and daily activities
Your attorney can prepare you for the deposition, explain the process, and raise appropriate objections.
Answer each question truthfully and carefully. If you do not understand a question, ask for clarification rather than guessing.
Requests for Production: What Documents and Medical Records Are Exchanged?
Requests for production require a party to provide documents, electronic records, or other materials relevant to the lawsuit. Texas Rule of Civil Procedure 196 governs these requests, and written responses generally are due within 30 days after service.
In an Austin personal injury case, requested materials might include:
- Medical records and billing statements
- Accident photographs and videos
- Insurance documents
- Employment and wage records
- Vehicle repair estimates
- Emails, text messages, or other relevant communications
Medical records can help establish the nature of your injuries, the treatment you received, and the expenses resulting from the accident.
However, discovery does not give the opposing party unlimited access to private information. Attorneys can object to requests that are overly broad, seek privileged information, or otherwise violate applicable discovery rules.
How Long Does Discovery Typically Take in a Texas Personal Injury Case?
Discovery in a Texas personal injury lawsuit can take several months, but the exact schedule depends on the discovery control plan, the complexity of the case, and court orders.
Under Texas Rule of Civil Procedure 190.3, the standard Level 2 discovery period for most non-family-law cases ends at the earlier of 30 days before trial or nine months after initial disclosures are first due.
Other discovery plans have different deadlines. Complex cases involving multiple defendants, extensive medical treatment, or competing expert opinions may require additional time.
Discovery also creates opportunities for settlement. Once both sides understand the evidence, they can better evaluate disputed liability, injuries, and damages without necessarily proceeding to trial.
How Can an Austin Personal Injury Lawyer Help During Discovery?
An Austin personal injury lawyer can manage discovery requests, prepare clients for depositions, gather supporting records, and challenge improper demands. Legal representation can also help ensure that responses comply with Texas procedural rules and court deadlines.
McMinn Law Firm has represented accident victims for more than two decades and recovered over $500 million in compensation on their behalf.
Attorney Justin McMinn has been recognized among the Top 10 Trucking Trial Lawyers by the Trucking Trial Lawyers division of the National Trial Lawyers. He has also received Texas Rising Star recognition from Super Lawyers.
Our legal team can organize evidence, prepare discovery responses, communicate with opposing counsel, and develop a case strategy based on the facts uncovered.
Frequently Asked Questions
Is Discovery Required in Every Texas Personal Injury Case?
Discovery is part of the litigation process. A claim that settles before a lawsuit is filed generally does not involve formal court-governed discovery.
Do I Have To Attend a Deposition?
If you are properly required to give a deposition, you generally must participate unless a valid objection, agreement, or court order excuses you.
Can a Personal Injury Case Settle During Discovery?
Yes. Personal injury cases can settle during discovery when the parties reach an agreement about liability, damages, and compensation.
What Happens if Someone Refuses To Provide Discovery?
Under Texas Rule of Civil Procedure 215, a party can ask the court to compel required discovery. Failure to comply can lead to court-ordered sanctions.
Contact McMinn Law Firm To Schedule a Free Consultation With an Austin Personal Injury Attorney
Discovery is an important stage of a Texas personal injury lawsuit because it allows both sides to investigate the evidence before trial. Understanding interrogatories, depositions, and document requests can help you participate confidently while protecting your legal rights.
If you have been injured because of someone else’s negligence, McMinn Law Firm can help you understand the legal process and what to expect during your case. Contact our Austin personal injury lawyers today to schedule a free consultation.
We proudly serve clients throughout Austin, TX in Travis County, as well as Salt Lake City, UT in Salt Lake County.
McMinn Law Firm – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Law Firm – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630
