A combination of discovery tools can be used to truly understand the defendant’s position and the strength of all legal defenses. All discovery responses should be carefully read and considered. The victim’s discovery responses should also be scrutinized to unearth the likely arguments the defense will make at trial.
The discovery process sheds light on both sides of the case. Through proper discovery, the plaintiff should demonstrate the strength and value of the plaintiff’s injury claims and thereby motivate increases in pretrial settlement offers. Also, thorough discovery and case presentation will increase the likelihood of settlement at the court-ordered mediation.