Bicycle Accident Lawyer
The discovery portion of your accident claim process is a period of time fixed by the court when your bicycle accident lawyer may pose written questions to the defendant and request documents to uncover facts and discover evidence that will help your attorney make a successful claim on your behalf. Both sides, i.e. plaintiff and defendant participate in the discovery process.
Written questions are called Interrogatories. When you sign your name to your Answers to Defendants Interrogatories, you are taking an oath that your answers are true and correct to the best of your knowledge. Although subject to the procedural laws of the jurisdiction, most states limit the number of questions that either side may ask. Your bicycle accident lawyer will take a strategic approach in selecting the questions asked of the defendant. From this line of questioning, your lawyer may uncover a medical condition or prescription drugs the defendant may have taken prior to the collision that may have been a contributing factor. When asked where the defendant had been prior to the accident, your attorney may learn that the defendant had just consumed several mixed drinks at a sports bar prior to the accident. Defense will ask if you have ever been a party to a claim for injuries prior to the accident. They will also ask questions regarding your medical history and inquire about previous injuries. Both Plaintiff and Defendant’s Answers to Interrogatories are evidence in your claim for injuries.
The other side of the discovery process involves a Request for Production of Documents. Both plaintiff and defendant make this request for tangible documentation that can be used for information gathering and evidence. For example, if the plaintiff is making a claim for loss of wages, the defendant will request that plaintiff supply tax returns for any reasonable number of prior successive years. The defendant insurance company will also ask for a copy of all medical records, doctor reports and billings related to the accident. And if there was a similar injury prior to your accident, they will likely request medical records about that injury as well.
Objections may be raised by your bicycle accident lawyer or defendant’s attorney for questions contained within the interrogatories; the same holds true for documents requested during the production portion of discovery. And as your bicycle accident lawyer receives updated information or additional documentation, he or she will continue to comply with the rules of discovery. If you have any questions about the discovery process, talk with one of the Auto Accident Lawyers Indianapolis, IN residents rely on.
Thank you to our friends and contributors at Ward & Ward Law Firm for their insight into bike accidents and injuries.