Understanding an Examination for Discovery in a Personal Injury Case

examination for discovery in a personal injury caseAs you pursue a personal injury lawsuit, one step that is likely to be conducted before trial is an examination for discovery. Understanding how this process is conducted and how to best prepare for it could be beneficial to any case.

If you were injured as a result of someone else’s negligence, you may be eligible to seek compensation. Request a free consultation with a personal injury lawyer from our firm to discuss your legal options.

Examination for Discovery and Its Importance

During an examination for discovery, lawyers from both sides have the opportunity to question parties involved in the case under oath.

This process is done to allow each side the opportunity to learn more about the opposing side’s case. With more information, the parties may be able to settle their differences prior to trial and avoid expensive court proceedings.

During examination, lawyers from each side will attempt to:

  • Learn what the opposing side thinks about the matters involved in the case
  • Determine if there are points both sides agree upon
  • Obtain admissions from parties that may be used at trial

Generally, you have the right to be present as other parties undergo examination. There may be situations where you will not be allowed to do so, which depends on the case.

How to Best Prepare for Discovery

Your lawyer will prep you for undergoing an examination for discovery. Questioning typically concerns fault for the accident and damages incurred, so your lawyer may prep you to answer questions such as:

  • How did the accident take place?
  • Were you driving the car when the accident happened?
  • What were you doing when the collision occurred?
  • What damages occurred to vehicles in the accident?
  • Have you been in any car accidents before?
  • How have your injuries affected your ability to work?
  • How have your injuries affected you in your daily life?
  • How would you say your pain was, or continues to be, since the accident?
  • How much is your current salary?
  • How much was your salary prior to the accident?
  • How long have you held a driver’s license?

During examination, the other side’s lawyer is not just listening to your answers but observing how you answer. Your lawyer will advise you on how to present yourself during examination to appear credible.

Attending an Examination for Discovery

Examinations for discovery are typically held in offices meant for this purpose. The involved parties, their lawyers and a court reporter are present. Once you are placed under oath, you are not able to talk to your lawyer about the case or the testimony you will give.

What to Do:

  • Review all documents and notes concerning your case prior to your examination
  • Tell the truth, as you are under oath
  • Dress professionally
  • Sit up straight and make eye contact with the examiner as you are questioned
  • Listen to the complete question and take time to comprehend it before answering
  • Be polite as you offer answers
  • Stop talking immediately if your lawyer interjects or makes an objection and wait until you are advised to continue your answer

What Not to Do:

  • Attempt to answer questions you do not know the answer to
  • Interrupt as you are being questioned
  • Raise your voice or get heated when answering questions

Call Our Firm for a Free Consultation

If you were injured in an accident due to negligence, you may be able to pursue compensation to help cover your medical bills, lost wages, and pain and suffering.

Schedule a free, no-obligation consultation with our Windsor personal injury lawyers at Greg Monforton & partners to review your situation. We charge no upfront fees and payment is only due if we help you win.

We are available to take your call today. (866) 320-4770.