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Utilizing Discovery to Your Advantage in Car Accident Claims

The discovery process is a stage of a lawsuit that leads to the trial. The purpose of discovery is for both sides to exchange information regarding their positions in the lawsuit, such as their claims and how they remember the accident. During discovery, the plaintiff will request information from the defendant and the defendant will request information from the plaintiff. Information is obtained during discovery by submitting written questions, interrogatories, requesting documents or deposition. When a deposition is scheduled, those that have been compelled will give their testimony, which is recorded and may be used in court.

In car accident claims, interrogatories are very useful. Defendants now have the opportunity to ask the plaintiff about their injuries, health, work history (lost wages), financial status, details of the accident and much more. The plaintiff also has the opportunity to ask about the defendants criminal background, medications used at time of accident, drug and alcohol use, car accident history etc. In cases in which the plaintiff was injured as a result of the car accident, physical and medical examinations may be required by the defendants insurance company. These medical examinations are referred to as Independent Medical Examinations (or Compulsory Medical Examinations) and are done by a doctor of the insurance companies choice. The physician will later prepare a detailed written report. Defendants may use this to their advantage by attempting to prove that the plaintiff is not injured or their injuries were not caused by the car accident. The plaintiff may use this to their advantage by cooperating with the physician and explaining their injuries in great detail, as well as providing medical history proving their injuries did not occur prior to the accident.

If you or someone you know has been injured in a car accident, contact Darfoor Law Firm at 1-833-DARFOOR to speak with an experienced car accident and personal injury lawyer.

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