Following the filing of a lawsuit, discovery is the process of permitting each party to “discovery” the position of the opposing side. Discovery tools include interrogatories, depositions, production of documents, and request for admissions. Interrogatories are written questions propounded upon the other party asking them, amongst other things, what their contentions are going to be and the basis for them. The problem with interrogatories is that they are answered with the assistance of counsel and any harmful evidence is laundered by their attorney. Depositions, on the other hand, are face to face questions. I always take the deposition of the other party as I routinely gain information that I can use at trial against that party. For instance, if I am representing the injured party in an auto accident, I may take the deposition of the defendant and ask that individual questions about the accident. For example, in a rear end accident matter where liability is most likely the striking vehicle’s fault, I would ask the defendant questions as to why they are avoiding payment, whether they made any payments to pay for any of the medical bills, whether they ever called the injured party following the accident, etc… In many instances the response is in the negative. As such, when I am in trial I use these responses as a means to show the jury that the reason for this trial is that the defendant is not living up to his or her responsibility and continues to deny any responsibility for this clear liability incident. In fact, I would say to the jury “the defendant even after rear ending my client’s vehicle, would not even pick up the phone to apologize.” In many instances, the lack of responsibility of the defendant infuriates a jury and getting the jury on the side of the plaintiff speaks volumes in obtaining a very good result. I have used this routine many times in my representation of my clients. Feel free to call me or visit my web site by clicking here and obtain a free consultation.
Personal injury Law Topics / Discovery
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