My personal injury and insurance disability clients often have many questions about what to expect during the Examination for Discovery process. I would like to begin by emphasizing that although it is a serious matter, it does not have to be frightening. It’s okay to be nervous – but you will find once the process begins that it’s fairly relaxed.
What Is an Examination for Discovery?
An Examination for Discovery is an important part of the legal process for clients. It is where parties and their lawyers come together to find out what you (the disabled person) will say about their lawsuit at court.
It provides a preview of the evidence for the opposing lawyers; it also gives them an opportunity to see how credible you will be as a witness if the case were ever to go to trial.
An Examination for Discovery gives the lawyers on both sides a chance to evaluate the case, advise their respective clients, and determine the likely success of the lawsuit.
This process can be seen as a mid-point in the litigation, as it typically begins the more serious discussions about the possible resolution of the case.
In some situations, the case does not move beyond the Examination for Discovery and a settlement is reached without going to court.
What Happens in an Examination for Discovery?
Prior to the Examination for Discovery, all important case documents are exchanged with the other party’s lawyers. This can include, clinical notes and records, employment documentation, accident reports, and so on. The lawyers will review the documents and determine which questions to ask before the Examination for Discovery begins.
Throughout the Examination for Discovery, you will be asked questions by the opposing lawyer(s). Typically, these lawyers are friendly. However, your own personal injury lawyer will be at your side throughout the entire process. Your lawyer will protect you from any inappropriate questions or unacceptable conduct on the part of the opposing lawyer.
What Types of Questions Will Be Asked in an Examination for Discovery?
To learn about which types of questions you will be asked in the Examination for Discovery, I encourage you to watch my video below.
In this video, I provide a general list of topics you may be asked about, as well as discuss more details of the process:
Remember, your lawyer should prepare you for your Examination for Discovery beforehand and help take away some of the stress you may feel about the process.
>> If you have been injured in Ontario at the fault of another party, don’t hesitate to contact Roger R. Foisy and his team of experience personal injury lawyers for immediate support and a free consultation.
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