Examination for discovery is the recording of evidence given verbally to the other side of the lawsuit, is taken under oath, and is used to obtain facts about the case before trial. Prior to the examination for discovery process in Barrie personal injury cases, you will meet with the lawyer assigned to you.
During your pre-examination meeting, your representative will explain the process of discovery. You will also review the opposing party’s affidavit of documents and productions. Your lawyer will review the best way to provide the answers you need to give during the examination and may conduct a mock examination so that you are familiarized with discovery in personal injury cases.
During the process of discovery in Barrie personal injury lawsuits, the following parties will be in attendance:
- Your lawyer
- The opposing party’s lawyer
- The court reporter
The examination will be recorded and transcribed by a court reporter and would take place at our law firm’s office, the opposing party’s law firm, or a court reporting services office.
You will be required to answer questions from the opposing party’s lawyer about the events that led you to bring a claim against their client. The following topics may be addressed through the opposing lawyer’s personal injury discovery questions:
- Personal information
- The accident
- The events that occurred after the accident
- Injuries you have sustained
- The effect the injuries have had on your employment, hobbies, and everyday tasks
- Your medical history
- The treatment you have received for your injuries
- Other damages, charges, and claims
- Your credibility and behaviour
It is important to listen carefully to the questions being asked and think carefully before answering them. If your lawyer instructs you not to answer a question, you must stop talking immediately, lest you risk damaging your case. You must not interrupt the lawyer asking the questions.
If you do not understand the personal injury discovery question, you must state this to the lawyer and ask for clarification. You must only answer the question that is asked, and do not ramble or voluntarily give additional information. Do not argue with the lawyer, and remember to keep your conduct professional during every stage of the examination for discovery process in Barrie personal injury cases.