A Personal Injury Lawyer in South Philadelphia Discusses Proper Preparation
March 31, 2022
A personal injury lawyer in South Philadelphia will explain the importance of being fully prepared for discovery.
Understanding How Discovery Works
When you and your personal injury lawyer in South Philadelphia file a lawsuit, the response from the defense will either be an offer to settle the case or a response and discovery. Frequently, it will be the second option. The defense will reply to your lawsuit and follow that up with discovery. Even before the case has been filed, it is likely that your lawyer will send you discovery requests. Your lawyer will inform you that the defense will send these documents as well. You will be asked to answer all of the questions in as detailed a manner as you can. Then the answers will be discussed with your attorney. It is not uncommon for an attorney lacking in experience to file a lawsuit, get the discovery from the defense, request extensions, and then find information about you that can damage the case. Examples of this include a pre-existing condition or previous injury, an insurance claim from years ago, issues with liability, unreliable witnesses, or other factors that could diminish the potential to win the case or even ruin it entirely. Clients who have worrisome issues in the past might think it is a good decision not to provide information that could harm the case. Once the case has been filed and the discovery process starts, these important pieces of information will be found out. This is known to both defense lawyers and insurance companies. They are aware that damaging information has been kept out of discovery and that this will help them to present a defense. With this knowledge, insurance companies might still make an offer for a minimal settlement in cases that have hefty medical expenses. Because plaintiffs and their attorneys will not send damaging information, the defense and insurer will seek every medical record as to the plaintiff’s treatment for a certain period of time. Often it will go back about ten years or more. The defense will also use discovery to get a handle on how strong the evidence is by asking for lists of witnesses, photographs of the accident scene, theories as to what happened, and other pieces of information that might help the defense to parry the claims of the plaintiff. It is a key to remember that in almost every case, discovery will cause damage to the claim and possibly sabotage it completely.
Contact a Personal Injury Lawyer in South Philadelphia
For information and advice about the discovery process, call to speak to a personal injury lawyer in South Philadelphia at Caiazzo Law today.