Many of our clients are naturally curious about legal proceedings in their case. Our friends at Console & Hollawell have put together this fantastic primer on one phase of civil litigation – the Discovery Phase.
When involved in civil legal actions, such as a personal injury case, if a fair offer cannot be reached during initial negotiations with the insurance company, your claim will then move into what is known as litigation with the filing of a complaint. During litigation, both parties have the right to gather information about the case. This is known as discovery. This phase can be a long and frustrating process.
For example, say you were involved in an auto accident and are seeking compensation for a back injury. In discovery the defense attorney may bring up medical records or statements that you had once seen a chiropractor for an unrelated back injury years ago. They will use this information to try and disprove your claim by saying the back injury was preexisting, and the accident merely exacerbated this old injury.
It may seem ridiculous to you that they would use something completely unrelated to the accident, but it is their job to dig up anything they can find and use it against you. They will use any means necessary to disprove your claim including old, unrelated medical records and now even what you post on your personal social network sites.
What information is required to be exchanged?
In the discovery phase both sides will have to provide the names of any witnesses, photographs, any records of the incident (police and incident reports, complaints, etc.), expert reports, and medical records. This process can become very drawn out because there are instances where the defense attorney will try to delay, as long as possible, handing over information.
When the requests for information are made there are three outcomes: they respond with the information, ask for more time to collect the information, or refuse to respond because they think the information is inappropriate or unrelated
If you have been injured in an accident you need a skilled New Jersey injury lawyer by your side guiding you through the legal process. It is important that you have an experienced attorney who will fight to protect your rights, and discredit the defense attorney’s tactics and tricks designed to limit your compensation.
What to Expect in the Discovery Phase of Your Trial
Many of our clients are naturally curious about legal proceedings in their case. Our friends at Console & Hollawell have put together this fantastic primer on one phase of civil litigation – the Discovery Phase.
When involved in civil legal actions, such as a personal injury case, if a fair offer cannot be reached during initial negotiations with the insurance company, your claim will then move into what is known as litigation with the filing of a complaint. During litigation, both parties have the right to gather information about the case. This is known as discovery. This phase can be a long and frustrating process.
For example, say you were involved in an auto accident and are seeking compensation for a back injury. In discovery the defense attorney may bring up medical records or statements that you had once seen a chiropractor for an unrelated back injury years ago. They will use this information to try and disprove your claim by saying the back injury was preexisting, and the accident merely exacerbated this old injury.
It may seem ridiculous to you that they would use something completely unrelated to the accident, but it is their job to dig up anything they can find and use it against you. They will use any means necessary to disprove your claim including old, unrelated medical records and now even what you post on your personal social network sites.
What information is required to be exchanged?
In the discovery phase both sides will have to provide the names of any witnesses, photographs, any records of the incident (police and incident reports, complaints, etc.), expert reports, and medical records. This process can become very drawn out because there are instances where the defense attorney will try to delay, as long as possible, handing over information.
When the requests for information are made there are three outcomes: they respond with the information, ask for more time to collect the information, or refuse to respond because they think the information is inappropriate or unrelated
If you have been injured in an accident you need a skilled New Jersey injury lawyer by your side guiding you through the legal process. It is important that you have an experienced attorney who will fight to protect your rights, and discredit the defense attorney’s tactics and tricks designed to limit your compensation.
About the Author
Anyone can hire a lawyer, but if you want to give yourself the best possible chance at success, call the experienced attorneys at Rasansky McKenzie. You only get one chance to bring your case before a court. Let them put their expertise to work for you.
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