PERSONAL INJURY CASE PROCESS - HOW THE PROCESS WORKS

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Discovery
Discovery, in simplest terms, is the process of both the plaintiff and defendant requesting and producing information relevant to the lawsuit. Under the law, there are certain things that we are required to produce to defense counsel, including answers to questions about the accident, past medical issues, and current treatment. We will also be required to produce documents including medical records (both before and since the accident), tax forms to verify any claim we make for lost wages, and other documentation. As we are producing this information, we will also request information from the defendant as well, including their account of the accident.

Depositions
At some point during the discovery process, depositions may take place. Both the plaintiff and the defendant have the right to take the deposition of anyone that may have information relevant to the case. A deposition is testimony given under oath. The testimony that is given is recorded by a court reporter and can be used at trial.

If the defense counsel requests your deposition, the deposition will most likely occur at our office or the office of defense counsel. The attorney will meet with you prior to your deposition to explain the process as well as give you an idea of the kinds of questions the defense attorney is likely to ask you. The attorney will be available to answer any of your questions and address your concerns before the deposition. On the day of the deposition, you will come to our office and will sit at a table along with your attorney, the defendant, the defense attorney, and the court reporter. The defense attorney will ask you questions and you will answer them on the record. Afterwards, your attorney will ask you questions in order to clarify any of your previous answers or get additional information on the record.

Although a deposition may seem intimidating, rest assured that we will be with you every step of the way to address your questions and concerns. If you are well-prepared and truthful, you will have nothing to worry about. Many of our clients tell us that the deposition was not nearly as stressful or intimidating as they expected. The important thing is that you feel prepared.