Examinations for Discovery is an important part of every personal injury claim where lawyers for each of the parties involved question the parties under oath about the matters involved in your lawsuit. The questions and answers are taken down by a reporter and later, if necessary, can be produced as a written transcript.
What is the Purpose of Examinations For Discovery?
The lawyer doing the examination will try to accomplish three things:
• To find out what the other party has to say about the matters which are in question within the lawsuit;
• To see whether there are any areas of agreement among the parties to the lawsuit;
• To try to obtain admissions from another party which can later be used against that party at trial.
The lawyer who is doing the questioning has the right to ask a fairly broad range of questions dealing with the issues of the collision. The lawyer for the party who is being examined is present to ensure that all of the questions asked are proper ones and to object if he or she feels that any questions asked of you are improper.
Where Will the Examinations for Discovery be Held?
If you are involved in a personal injury lawsuit following a motor vehicle crash, an Examination for Discovery can feel intimidating. Many examinations are now conducted virtually, allowing participants to attend by video rather than in person. While this may be more convenient, preparation remains just as important. Here are 5 tips to help you feel more prepared.
Meet With Your Lawyer Beforehand.
Take the time to review the process with your lawyer. Ask questions, discuss what to expect, and make sure you understand your role during the examination.
Refresh Your Memory
Review relevant details about the crash, your injuries, medical treatment, and recovery with your lawyer. You don’t need to memorize every detail, but it helps to be familiar with your history.
Always Tell the Truth
Listen carefully to each question and answer honestly. If you don’t know or cannot remember something, say so. Never guess or feel pressured to provide an answer you’re unsure about.
Prepare Your Virtual Space
If your examination is taking place virtually, test your internet connection, camera, and microphone ahead of time. Choose a quiet, private location where you won’t be interrupted, and make sure your device is fully charged or plugged in. Ask your lawyer about any rules regarding notes, documents, or other materials during the examination.
Take Your Time and Explain How Your Life Has Changed
Listen to the entire question before answering. If you don’t understand something, ask for clarification. Be prepared to discuss how the crash has affected your daily activities, work, relationships, independence, and emotional well-being. Recovery involves more than visible injuries. Always remember: Whether your Examination for Discovery takes place in person or virtually, your lawyer is there to guide you through the process. Discuss any concerns or anxiety you may have beforehand. Being prepared can help you approach this important step with greater confidence.
What Are The Results of Examinations For Discovery?
Your lawyer must prepare your case as if it will be necessary to go all the way to trial. However, lawsuits are frequently settled after discoveries have been completed because by then, each party has had an opportunity to review the strengths and weaknesses of the case and that of the other party or parties. Those strengths and weaknesses are largely revealed by the discoveries.
Even if there is no settlement, the discovery serves a very useful purpose because it acquaints your lawyer with much of the evidence upon which the other side is going to rely on at trial. This is a very important step in your case and we wish you the best of luck.
The Crash Support Network is a truly unique platform that brings together survivor-focused support and road safety education in one accessible space. Created for individuals and families affected by motor vehicle collisions, it offers online support groups, a crash survivor blog, a quarterly newsletter “ Sharing Our Recovery,” and a growing library of informative articles. Built on a foundation of connection and compassion while amplifying the importance of road safety, the Crash Support Network goes beyond a website; it’s a community united around support, education and making our roads safer for everyone.
