Discovery After a Kentucky Accident

When involved in a Louisville, KY car accident, try to discuss the matter with an attorney who handles personal injury cases right away.  Through proper medical care and financial compensation, an experienced personal injury attorney works earnestly to ensure that you receive the adequate compensation you are entitled to. Each experienced car accident attorney at our firm appreciates what it is like to be injured in an accident, and wants to make sure that a client preserves the evidence needed to strengthen the client’s case during trial.

For instance, a plaintiff’s medical condition is important.  The amount of damages an auto accident victim recovers may depend on the long-lasting effects of pain, and the equipment and drugs that the accident victim may need to return to the condition he or she was in prior to the accident. 

The responsible parties may seek to find out a plaintiff’s medical condition by asking the plaintiff to sign releases for healthcare providers to submit this information to them directly.  Speaking with an attorney, a plaintiff will know not to sign any releases. The releases may allow a defendant to get all the medical information on someone, even information unrelated to the accident. If a plaintiff has prior medical problems, and a defendant finds out,the defendant may try to introduce this information into evidence to weaken the argument that the injuries the plaintiff suffers stems from the accident.

After an accident, legal paperwork can be arduous for someone that is in the process of healing from an injury.  In a lawsuit,a plaintiff may need to deal with discovery requests from the opposing party.  Discovery techniques are used for fact gathering.  There are several types of discovery techniques: interrogatories, deposition, requests for admissions, requests for physical or mental exams or blood tests, subpoena duces tecum.

Interrogatories are written questions propounded to a party who must respond in writing under oath.  They are designed to gather background information about an opposing party and accident (e.g. damages,injuries, existence of documents, names of witnesses).  A deposition is an oral exam under oath of a witness.  The witness may be a party or not a party in the lawsuit.  The witness is someone who might have relevant information.  The oral exam may be in the presence of a reporter or in writing.  The witness may be cross-examined by opposing counsel.  Requests for admissions are requests to a party to admit the truth of a fact or genuineness of a document.  Requests for production of documents and things for inspection are requests to a party to allow requesting party to examine relevant documents or other items. Requests for physical or mental exams or blood tests compel a party(usually by court order) to submit to an exam when physical or mental state in controversy.  A subpoena duces tecum is usually served with a deposition notice to obtain documents or other tangible evidence from party or non party. 

When struck with a car accident, look for lawyers who assist clients in a discovery plan.