Personal Injury Claims and Their Discovery Process

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The discovery process is the process through which both parties involved in a trial collect information from each other. This information is used to develop their legal strategies. There are many different strategies that may be used to obtain information during the discovery process, such as using subpoenas to call witnesses to the court and have documents submitted for review. Another is the use of depositions, which are testimonies given under oath without a judge present. These may be recorded and when an individual cannot appear in court to provide his or her testimony, a recorded deposition may be used.

The discovery process is an important part of any trial, whether it is a personal injury case, a divorce, or a criminal trial. The prospect of speaking with the opposing party’s lawyer can be daunting, so be sure to prepare for the discovery process by going over every aspect of it with your lawyer.

Which Documents and Information Do I Need?

Your lawyer may seek the following information and documents from the opposing party in your case:

  • Information about the expert witnesses asked to provide testimony for that party’s presentation;
  • The opposing party’s insurance policy information and number;
  • Information about the investigation of the accident conducted by the other party’s insurance provider; and
  • Whether the other party admits partial fault in the accident. If so, the extent of this fault.

By obtaining this information, your lawyer is protecting you from being “ambushed” by the other party in court.

Which Documents and Information Can I be Required to Provide?

In turn, you have the right to seek relevant documents and testimonies from the opposing party to aid in the development of your legal strategy. You may be asked to provide basic information about yourself like your age, address, and date of birth, as well as information about the accident.

You may be asked to discuss your injury and the medical treatment you received during a deposition and you may be required to provide documentation, such as a copy of your medical bill, to support your testimony. Let your lawyer advise you as you move through this process – the other party is looking for ways to discredit your story and support its case.

If a third party has relevant information to provide to you or the other party involved in the case, that party may be required to provide testimony or documentation as well. For example, a business that caught the accident on its video surveillance system may be asked to provide a copy of the video showing the accident.

Work with Our Team of Experienced New York Personal Injury Attorneys

For more information about the discovery process or any other aspect of the personal injury litigation process, speak with a member of our team of experienced New York personal injury attorneys at Grant & Longworth, Attorneys at Law. Contact our firm today to schedule your initial legal consultation in our office. We are here to answer your questions and help you move forward with your claim.



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