Category Archives: Discovery

Discovery is the process by which the plaintiff and defendant learn about each other’s cases. This includes depositions, written questions (interrogatories), requests for documents (Requests for Production), subpoeanas, and medical exams (also known as IMEs or CMEs).

How to Answer Interrogatories

If your case goes to litigation, you will need to answer interrogatories, usually within the first few months after the lawsuit is filed (others can be served later in the case). Interrogatories are written questions from opposing counsel — part … Continue reading

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How to Give a Deposition — 5 Deposition Tips

Unless your case settles immediately, the odds are pretty high that at some point you will have to give a deposition. Depositions are not fun for anyone (even lawyers don’t like having their depositions taken), but there are some tips … Continue reading

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Something You Can (and Should) Do That Your Lawyer Cannot

There are few things that you, as a plaintiff, can do that your lawyer cannot. One notable exception is directly communicating with a defendant who is represented by counsel. Your lawyer is prohibited from this form of communication by ethics … Continue reading

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Why Did the Defense Attorney Ask Me for That?

The discovery process can make you, as a plaintiff, feel like you are the one on trial. In a very real way, you are. When you file a personal injury lawsuit, you open yourself up to any questions and requests … Continue reading

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Whose Depositions Should You Attend?

As a plaintiff, you know that you will be required to submit to a deposition by opposing counsel. If you are married, it is likely that you plan to attend your spouse’s deposition as well, as that is often scheduled … Continue reading

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Can My Lawyer Help Me Answer Deposition Questions?

If you want to know whether your lawyer can feed you answer after answer during your deposition, the answer is a resounding “no”. However, there are some not-so-subtle ways that many lawyers use to give their clients obvious hints as … Continue reading

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Bad Driving Record Evidence in Civil Suits

If you are involved in an automobile accident case, you may be wondering if evidence of your bad driving record, or the defendant’s, is admissible. Conventional wisdom would imply that a person with a bad driving record is more likely … Continue reading

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IME – The (not so) Independent Medical Exam

There is no “i” in team, and there shouldn’t be one in “IME,” either, because there is nothing “independent” about an IME in a personal injury lawsuit. In fact, plaintiff’s’ personal injury attorneys are more properly referring to these exams … Continue reading

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How Facebook Can Ruin Your Personal Injury Lawsuit

If you are a plaintiff with a facebook account, you need to read this article. No matter what privacy settings you use on facebook (or any other social networking site), you must assume that everything you post will be viewed … Continue reading

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The Plaintiff’s Deposition — Be Smart and Be Prepared

Your attorney has told you that your deposition has been set by the defendant’s attorney (make sure the date and time are good for you — you should have been consulted about this before it was set, but if for … Continue reading

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