Discovery in Personal Injury Cases

Discovery is the process that allows each side to obtain relevant facts from the opposing  side. This process reduces the possibility of surprises during trial and allows each side to  prepare fully for the case. The basic methods of the discovery process include written  discovery, document production, and depositions. Our attorneys have years of  experience in guiding our clients through the Discovery process. Our attorneys meet with  each of our clients in person to make sure that they have a full understanding of the  questions being asked of them. Let the personal injury attorneys at Suarez &  Montero review the circumstances of your case and discuss your legal options. In this  blog post, we will talk about some of the forms of discovery that are available in a personal  injury case. 

Scope of Discovery in Personal Injury Cases 

The nature of the defense and how it is pleaded will, in turn, determine the nature and  scope of the documentary discovery the defendant must make. The rights to documentary  discovery in personal injury actions are quite broad. The parties are entitled to any  documents relevant to the issues in the litigation. The courts have determined that so long  as the documents bear a semblance of relevance, they must be produced. This is a low  threshold to meet for a document to be produced. When a plaintiff puts into issue his or  her medical condition and its effects on employment and/or vocational activities, broad  disclosure is usually required. This would extend to pre- and post-collision records from  health care practitioners, employment records, and income tax returns. When an  emotional or psychiatric condition is in dispute, the defendant is generally entitled to any  counseling records pertaining to the plaintiff in the pre- and post-collision period, although  courts are more reluctant to provide complete disclosure of these types of records. When  there is a dispute between the parties regarding the production of these types of  documents, judges frequently order that the records be produced to the judge in a sealed  envelope, whereupon the judge will review the records and determine whether they are  relevant to the issues in the action. If only portions of the records are deemed relevant,  the judge will order production of only those portions. The question of how far back from  the date of the collision records must be produced is frequently an issue. 

Speak with a Miami Accident Attorney Today!  

Our attorneys have years of experience in guiding our clients through the Discovery  process. Our attorneys meet with each of our clients in person to make sure that they  have a full understanding of the questions being asked of them. Let the personal injury  attorneys at Suarez & Montero review the circumstances of your case and discuss your  legal options. If you were hurt in a motor vehicle accident, it is smart to connect with a  local accident lawyer so that you can obtain vital information on how to begin the process  of filing a claim or filing a lawsuit. The damages that can be recovered in a motor vehicle accident claim or lawsuit can help cover the cost of medical treatment, medication, and  absence from work. At Suarez and Montero, our policy is that if you don’t recover  compensation, you won’t pay any fees for our services. Not to mention, we also provide  free case consultations where we assess the circumstances surrounding your case and  give you an objective overview of what steps you can take going forward if you decide to  act against the at-fault party. For over 19 years, we have delivered quality legal  representation for people who, through no fault of their own, have been injured in all types  of motor vehicle accidents. We are available 24/7 to give you a free, no risk case  consultation. 

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead,  Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester. 

Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston;  and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.