A large part of the discovery process is determining the value of your case. When you get to the bottom of the value of your case, you know where to begin to negotiate with the other side. The defense is likely also taking the time to value the claim. If both sides can apply a measure of objectivity to the case, they may be able to narrow the amount of disagreement about the case.
For example, if you believe that the case is worth $100,000 and the other side thinks that it’s worth $10,000, it’s unlikely that you’re going to be able to resolve the case through settlement. However, if you both extensively prepare the case through discovery, you might get closer to a resolution. You might conclude that your case is worth $80,000. If the other side goes through the discovery process and finds that the case is worth $75,000, you’re much closer to reaching a settlement than you were before.
In most cases, your injury lawyer allows the discovery process to play out to let the other side to learn about the strengths of your case for upcoming negotiations. Once you complete the discovery process, it’s time for your lawyer to negotiate a settlement on your behalf.
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