Fixing Discovery Pitfalls in Personal Injury Cases: 5 Keys
WHY DISCOVERY MATTERS Courts decide injury cases on evidence, not sympathy. One lost dash-cam clip or a missing ER note can slash settlement value. Treat discovery as early damage control, not mid-trial cleanup. 5 COMMON PITFALLS & QUICK FIXES - Vanishing digital files • Send a litigation-hold letter within days. - Incomplete medical charts • Request certified copies and check metadata for gaps. - Sloppy ESI protocols • File a written custodian list and search terms at the first meet-and-confer. - Deposition ambushes • Pre-map exhibits and draft follow-ups to lock down stories. - Privilege log chaos • Keep a running index so nothing "accidentally" gets buried. SEASONAL SPIKE ALERT Holiday traffic means more camera footage—and faster overwrites. Preserve recordings before storage cycles wipe them. TAKEAWAY A disciplined discovery plan forces insurers to bargain fairly and keeps the verdict window wide open. Start preservation, draft targeted requests, and audit responses the moment the case lands on your desk.
