In establishing a catastrophic injury claim, there is a variety of evidence that may be used to establish negligence. Among the tools and tactics that a DC catastrophic injury attorney can use are things such as discovery, depositions, and document production. To learn more or discuss the tools that may be available for your claim, consult with an experienced lawyer today.
Discovery is a legal mechanism that allows parties in a lawsuit to investigate the specific facts and circumstances of the claim. Discovery can take many forms, such as the exchange of written questions, the reproduction of documents, and the procurement of medical records. Discovery can also include requests for admission, oral depositions, and medical examinations.
Discovery will allow both of the parties to investigate the facts or circumstances of the incident and the nature and extent of any injuries, along with any other relevant factors.
Written discovery is the exchange of questions and answers in writing. The questions are issued by the attorneys to the parties in the case, and the parties work with their attorneys to craft answers to the questions to provide the other side with information.
There are few types of written discovery. However, the most common consist of interrogatories, requests for production of documents, and requests for admission.
A request for production simply asks the other side to produce specific documents, or documents that meet specific parameters.
An interrogatory is a question posed to the other side to which the other side must draft an answer. An interrogatory is a useful way for the parties to exchange basic information, reveal the facts and circumstances of the incident, understand the extent of the suffered injuries, and obtain the identity of any witnesses or available insurance policies. A request for admission is a more pointed request that requires the other side to either admit or deny specific allegations.
In this way, an interrogatory is a question posed to the other side to which the other side must draft an answer, while a request for admission is a more pointed request that requires the other side to either admit or deny specific allegations. Moreover, a request for admission may be more helpful in some cases in order to obtain certain confessions from the other side regarding pertinent facts and information.
Document production is a response to a request for production of documents by the other side. The physical production of documents can take either an electronic or a paper form. All produced documents are provided to opposing counsel.
The collection and distribution of the documents is done with the assistance of the attorney, in accordance with the rules of the court.
A deposition is an opportunity for opposing counsel to question an individual regarding the facts or matters of the case under oath. A deposition may be conducted with a party to a lawsuit, or an individual who is not a party to a lawsuit, but has knowledge regarding facts or issues that are relevant thereto.
Depositions can be helpful to all parties involved during an investigation in a DC catastrophic injury case. The information disclosed during a deposition can allow the party conducting the deposition to better understand what testimony and evidence will be presented at trial. Additionally, a deposition allows an attorney to evaluate and question potential witnesses regarding their knowledge.
A catastrophic injury attorney can help with the preparation for a deposition. It is important for the individual being deposed to understand that they must be well prepared, and must understand not only the process, but the scope of the questions that they will be asked. More importantly, they must understand the potential ramifications of the deposition process.
However, once a deposition has started, there is little an attorney can do to assist the individual being deposed. Therefore, it is imperative that the individual be prepared for their deposition and listen closely to the instructions provided by the attorney.