My experience attending Examinations for Discovery is worth a share. “What on earth are Examinations for Discovery” I find myself asking my lawyer. You see, the law firm was calling to set up a convenient time for these examinations to take place. I was the plaintiff in a Motor Vehicle Crash and it was determined that I was “0” at fault and the driver that caused the crash had plead guilty a couple of years ago. The Examinations for Discovery date had to coincide with my schedule as well as both lawyers’ but I was given plenty of notice. A date was set which was two months away and my lawyer requested to meet with me a week before I was to attend. I would soon come to understand through my experience attending Examinations for Discovery, that this is a crucial step of reaching a settlement.
It’s Important to Speak with Your Lawyer
I spoke with my lawyer a week before my scheduled Examinations for Discovery and he explained to me that I would be there for most of the day. The first hour would consist of my lawyer meeting with the defence lawyer and the defendant. I was not requested to be present for that meeting. This was the opportunity for my lawyer to question the defendant while her legal representative was present. When it came time for my examination, the room would consist of my lawyer, the defence lawyer and a stenographer that took notes the entire time. My lawyer assured me that he would be right beside me and if at any moment, I did not feel comfortable answering a question he was there to support me. He would also be there to stop me from answering any questions that he did not deem reasonable. As I was speaking with my lawyer, a thought had occurred to me. I did not want to see the driver of the other vehicle that caused my crash and I wondered how we could prevent this from happening.
I explained to him that I was already dealing with tremendous anxiety and if I was to come face to face with the driver, I felt it would distract me. I had visions of the driver approaching me to apologize to me personally and I did not want any part of it. The only time I ever thought about her was when I felt enraged with anger and frustration because my life had completely changed in a matter of seconds by her distraction that morning. I had never given her a thought as to how the crash may have affected her until I found myself on the phone with my lawyer discussing the Examinations for Discoveries. My lawyer and I came to an agreement that he would call me that morning as soon as the defendant had left the building so I would not be faced with any undue stress or added anxiety. It was the best choice I could have made as my well being was first and foremost.
Thankful I Didn’t See the Defendant
When we arrived that morning, we were parked around the corner from the building waiting for my lawyer to call. When I did receive the call that it was time, I was so thankful that I did not have to see the defendant and I knew I had made the right decision. I was quickly greeted by my lawyer and brought into a private room where his law clerk sat with her laptop. He alerted me that the questioning went well with the defendant and it was time for him to speak to the defence lawyer alone to see if they had any surveillance on me. As I sat there with my law clerk waiting for my lawyer to return, I found myself wondering what he meant when he said “questioning went well”. A few minutes later my lawyer returned and alerted me that they did not have any surveillance which meant we could move to the boardroom and start my questioning. You see, what I didn’t realize at that particular moment is that if there was surveillance, my lawyer would have time to prepare a defence before we went into that boardroom. My lawyer was correct, I was there for most of the day and answered question after question while everyone remained professional and respectful.
When you find yourself wondering what to expect, I share 10 helpful tips to help prepare you when you attend your Examinations for Discovery.
- Make it a habit to visit your law firm’s website as you may be surprised to see that your lawyer or law firm may be blogging and/or posting important articles relating to similar cases as yours and you may find an article specifically outlining what to expect when asked to attend an Examination for Discovery.
- If your lawyer does not ask to speak with you before your Examinations, speak up and ask them to set up a convenient time. This is a crucial step in your case so it is extremely important that you connect with your lawyer before you attend.
- Try your best to get a good night sleep the night before. Remain positive because you have now reached an important step in your case.
- Dress business casual. It would not be appropriate to wear ripped jeans or flip flops. Bring a light sweater or jacket as the office may have fluctuating temperatures and you want to try to remain as comfortable as you can.
- Pack a light snack and beverage just in case they do not provide anything. My lawyer offered to take me out to lunch that day but I opted out as I had too much anxiety thinking about getting into a vehicle and I felt too nervous to eat. Instead, I excused myself and took a much-needed break alone.
- If you cannot drive yourself, ask a friend or family member to drop you off or take public transportation. Alert your lawyer how you arrived at your appointment as you may need to make arrangements to get home.
- Arrive early. Allow yourself time to de-compose after the drive. Alert your lawyer if you have any special requests that morning. Remember: your lawyer works for you and every request you have should be taken seriously.
- If you currently wear reading glasses, make sure you bring them to the Examinations as you may need them. Also, if you are using a back rest or any type of assisted devices, bring it with you and use it throughout the Examinations.
- Bring your medication(s) with you as you may need to take it while you are there and you do not want to miss a dose. If you are currently using any type of topical pain medication, apply it before your Examinations and bring it with you to re-apply throughout the day.
- If you need a break, speak up and ask for one. Even if it’s just to stretch your legs or if you are feeling overwhelmed. Taking a few minutes to de-compose is beneficial.
My experience attending Examinations for Discovery was a stressful part of the legal process but always remember it is a very important one. Good Luck!
S. Dawne McKay is a survivor of a horrific crash that changed her life forever. Dawne shares her personal journey as a Crash Survivor Blogger and also collaborates with crash survivors as Guest Bloggers allowing them an opportunity to share their stories. Dawne is also the author of the book, “Talk Crash to Me – What to Expect After Surviving a Collision and How to Manage Your Recovery” which is available for purchase on Amazon.
