Indiana Construction Accident Lawyer Presents: Phases of a Construction Accident Case: Discovery and Investigation

Construction Accidents

Discussing issues with an attorneyThe lawyers of Golitko & Daly, P.C. have helped countless clients in and around Indianapolis with major lawsuits and legal cases. We offer expert legal counsel for lawsuits involving construction accidents, helping clients navigate the complexities of the system with strength and confidence.

We began looking at the various steps in a construction accident lawsuit the other week. Let’s continue this exploration by discussing how cases are built around strong evidence.

What Happens Once the Paperwork Is Completed?

Now that all of the initial paperwork is out of the way, attorneys for both the plaintiff and defendant can start to build their cases. This is known as the discovery phase, and it involves gather information that will strengthen a case. New evidence may arise that helps either sides of a case or multiple sides of a lawsuit with their respective cases.

Understanding the Discovery Phase

In essence, the discovery phase involves examining and collecting evidence, conducting witness interviews, and noting any other pertinent information that may help with a legal claim. The vast majority of this discovery phase occurs outside of the actual courtroom. When an issue arises between the plaintiff and the defendant during discovery, a judge may help resolve matters to help ensure that the case progresses in a fair manner.

What Can Be Discovered

The discovery stage of a case allows lawyers to gather any information that may be relevant to their respective cases so long as it is not legally protected. This may include the following:

  • Documents related to the incident
  • Testimony from witnesses
  • Background information of these witnesses
  • The identities of other potential witnesses
  • Comments about the incident that occurred at relevant times or places
  • Information on business practices

Information That May Be Off Limits During Discovery

As noted, some information may be legally protected. This may include the following:

  • Confidential/privileged conversations that are verbal or written (e.g., discussions between spouses at home, conversations between attorneys and their clients conversations, conversations between doctors and their patients)
  • Private or personal matters (e.g., information regarding personal health, sexuality, religion, etc.)
  • Information on third parties not involved with the lawsuit (e.g., co-workers, family members)


Depositions allow lawyers to conduct interviews with the witnesses of a case under oath. These interviews are often recorded to ensure consistency in the pre-tial and trial phases of a case. Any inconsistencies can be noted by opposing attorneys during the trial to the jury.

Requests for Production of Evidence

Simply stated, these are formal requests for the production of evidence pertinent to a case, such as contracts, bills, records, and receipts. This may also be a formal request to examine physical evidence in the case.


Interrogatories refers to the written communication between the sides of a case, often containing questions and responses. These are also admissible in court during trial.

Requests for Admission

Requests for admission allow both sides of a case to attest to the authenticity of facts and evidence in a case. These admissions are done under oath to help establish certain matters to be brought up in trial.

Speak with the Lawyers at Golitko & Daly, P.C.

If you require legal assistance following a major work injury, be sure to contact our team of construction accident and injury attorneys today. The lawyers of Golitko & Daly, P.C. will guide you through various phases of the legal process.