Litigation – Part 2 Discovery

Let’s continue the discussion of litigation with the “Discovery” phase.

Once a lawsuit has been filed, the next step is discovery.  Discovery, according to most of our clients at least, is a major pain.   Why do they say that?   Because it’s time consuming and forces them to carefully detail exactly what has taken place in their case.

The Florida Supreme Court has said every person involved in a personal injury case has to answer certain questions.   Here’s what you can expect once your case is in the discovery phase:

For example, if you involved in an auto accident; the Florida Supreme Court has said both sides, the plaintiff and the defendant, must formally answer a certain set of questions.   For instance, how did the accident happen?  Who was cited, if anyone, for the accident itself?   Next question might be what injury or injuries were caused by this particular accident.  And then of course, what type of medical expenses have you incurred as a result of those injuries?

After answering these “interrogatory” questions, another part of the discovery process is “Request for Production”.   That’s where both sides ask the other to provide certain information.   For instance, the insurance company is going to ask for your medical records, your medical bills, property damage pictures (if you’re in an auto accident), and things like that.

Now that we’ve exchanged information with the other side, the next step is a “Deposition”.  The deposition is really a rehearsal for potential trial testimony.  The deposition often is the first time the defense attorney and or the insurance company meets you in person.  Why is this important?   In the litigation process, credibility of a potential witness is extremely helpful to any case.   We want you to be fully prepared and comfortable as you walk into the deposition.   Prior to the deposition we’ll talk on numerous occasions. We’ll advise you on what to wear and what you can expect during this process as well as what type of questions you might get. We’ll be right there beside you during the deposition itself so you aren’t left alone with an insurance company and its lawyers.

Are you considering litigation?  Give us a call at 800-332-1992.  We’ll talk to you about your case, and what your options might be.  That way you can make a fully educated decision about what to do next.

In our next blog conversation we’ll discuss the possibilities for a successful settlement – without going to trial. Be sure to subscribe to our podcasts on iTunes as well.

Litigation – Part 1 Initial Meeting

So you’ve been injured and you’re not comfortable with the settlement offer from an insurance company?  Your answer may be “Litigation”. This is part 1 of a 5 part discussion of the litigation process and what you as the victim or plaintiff might expect.

The first step is to meet with an attorney to determine if you have viable case for litigation.  You can expect a variety of questions depending on your injury, for example:

Have you had any prior accidents?

Were you injured as a high school athlete or at some other time prior to the current injury?   Previous injuries can be important because an insurance company will look for prior injuries they can claim as the cause for your current injury. If you’re claiming a knee injury in your current case, the insurance company is going to blame your high school athletic injury as the cause of your current problems.   So an attorney evaluating your current case is going to ask you about any primary care doctor or chiropractor you may have seen in the past.  It doesn’t matter how many years ago. The more information an attorney has; the better he or she can represent you and the better result for you and your case.

After this first meeting an attorney will conduct a legal analysis on your case.   Whether your case is an auto accident, slip and fall, medical malpractice or any other type of injury it doesn’t matter.   Florida has unique laws and that’s what we do, we specialize in making sure the right lawsuit is filed for you and your case.

Are you considering litigation?   Give us a call at 800-232-1992. We’ll talk to you about your case and what your options are, so you can make a fully educated decision about what to do next.

In the next part we’ll discuss the “Discovery” phase including documentation and depositions. Be sure to subscribe to our podcasts on iTunes as well.