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.

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