How is Discovery Information Used in Car Accident Law Suits?
In car accident law suits, one of the most important parts of the case is the discovery process. This is a pre-trial phase in which you, your lawyer, and the defendants attempt to learn more about each other’s claims. The discovery process typically involves the use of several types of legal tools including requests for production of documents, interrogatories, and depositions.
Requests for production of documents: This is a tool that allows you and your attorney to ask for documents and other information from the defendants or their insurance company. It can include anything from police reports, expert witness reports, video and photos of the car accident scene, and damage to the vehicles involved.
The insurance company’s attorneys may also try to obtain your medical records and bills for treatment of your injuries. They might also ask you to sign a release authorizing them to get these records.
Aside from this, the insurance company’s lawyers may ask you to submit to an independent medical examination. This can help them determine how serious your injuries are and how much they will affect you in the future.
If the insurance company is willing to pay, they might try to make it easier on you by offering a settlement of your damages prior to trial. This can be especially important if you have been injured in a crash that has caused catastrophic injuries.
Requests for admissions: This is a lesser used but still valuable discovery tool that can be useful to your attorney. It allows him to zero in on disputed facts by asking the defendant to admit certain facts that should not be contested in court.
It is very common for the defense to attempt to obtain evidence that they believe will work against you, so you should be aware of this and seek an experienced personal injury or auto accident attorney to help you navigate the discovery process.
Another common discovery tool in car accidents is interrogatories which are written questions sent to the other side. These questions must be answered under oath and they are designed to clarify facts in the case.
The other parties have thirty days to respond to these interrogatories and it is very important that you answer them truthfully. Lying under oath in a deposition can have just as severe consequences as lying in court and should be avoided.
Aside from these, there are other ways to gather evidence in a car accident lawsuit. For example, if you are bringing a claim for punitive damages against the defendant, then it is very likely that you will need to have an economist or medical expert review your damages case.
This will ensure that you have all the facts to support your case. It can also ensure that your damages claim will be as strong as possible.
If you have been in a car accident and are considering filing a claim, it is essential that you speak with an experienced Central Florida personal injury or auto accident lawyer at Trial Pro to discuss your case. We can guide you through the discovery process and help you build a compelling legal claim. Contact us today to schedule a free consultation.