How Long Is The Discovery Process After A Car Accident?

How Long Is The Discovery Process After A Car Accident

Car accident cases are often more complex than they seem. It is always a good idea to consult with an attorney following an accident to explore your options and determine what the best strategy moving forward is following your wreck.

If you do choose to hire an attorney to take on your case, the first thing your attorney will want to do is gather information pertaining to your accident. This is what is known as the discovery process.

What Is Discovery?

Discovery is the legal process that lets each side of a lawsuit ask the other side for information that is directly related to the case. During this process both parties will be asked to show the other side evidence they plan to use during trial to give each side the ability to prepare their case with fair access to information. This is done to avoid surprises in court that can derail a defense.

How Long Will It Take to File and Serve the Complaint?

It only takes a few moments to file a complaint with the court, but getting the facts necessary to prepare a complaint could take several days or even a few months. One thing the plaintiff needs to worry about is filing the complaint before the applicable statute of limitation expires. That’s the law that sets the deadline for filing a lawsuit.

After filing the complaint, the plaintiff must serve a copy of it on the defendant. This usually takes a few weeks to complete, but can take longer if the defendant is particularly hard to track down. If it takes extra time to serve the defendant, the plaintiff will often have to ask the court for an extension.

How Long Does the Defendant Have to Answer the Complaint?

Depending on the court where the lawsuit is pending, the defendant will have about one month to file its answer to the plaintiff’s complaint. The answer is the plaintiff’s opportunity to respond to the plaintiff’s allegations. It’s also where the defendant can list out any affirmative defenses or counterclaims.

How Long Will it Take to Complete Discovery?

Each side will request and exchange information that can serve as potential evidence at trial. Discovery almost always needs at least a few months to complete, but can sometimes take up to a year or more, especially if there are disputes over a party’s access to certain information.

Experienced Car Accident Attorney in Houston, Texas

Attorney Fuller is a seasoned attorney with nearly three decades of experience representing a wide range of clients. This includes individuals who have suffered an injury due to another’s actions, individuals facing criminal charges, those who have been arrested for DWI, individuals who have found themselves in a civil litigation dispute, and those looking for legal guidance in business.

After filling out a client intake form, Attorney Lanease D. Fuller will take appropriate action in your case to help you get the results you are looking for. This includes but not limited to gathering evidence, going to trial, and earning a settlement that is appropriate for your specific situation. Reach out to us today to take the first step towards settling your case.


Beverly R Caruthers Law Office
Address: 4141 Southwest Fwy, Suite 620
Houston, TX 77027
(713) 526-9557
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