Stages of A Personal Injury Claim – Examinations for Discovery

As a personal injury claim progresses, all parties must exchange relevant documentary evidence through an affidavit of documents. The next stage is examinations for discovery, wherein each party has an opportunity to ask other, opposing parties about the claim in detail, and the evidence that supports their position.

What happens at examinations for discovery

As part of the litigation process, an examination for discovery is a formal proceeding that takes place in an Examiner’s Office with a court reporter to record the conversation. As a plaintiff, you may be examined by the lawyer(s) representing the defendant(s) that have been named in your claim. During the discovery, they will ask you questions about your claim, your version of the events surrounding the accident, and how your injuries have impacted your life.

An examination for discovery usually lasts at least a few hours, and in most cases is limited to a maximum of seven hours total. Your lawyer will attend your discovery with you. Although they are not permitted to answer questions on your behalf, they can step in to object to any questions that are inappropriate or outside the scope of your claim, as well as handling any legal and procedural issues that may arise.

How to prepare for discovery

Your lawyer will take time with you to prepare before your examinations for discovery. You should be familiar with the scope of your claim. In many cases, several years have passed between an incident and the examination, so you should review any documents or notes relating to the case in order to refresh your memory. That being said, don’t worry about forgetting something during discovery. If you cannot recall a piece of information, you can look up the information after the discovery and provide a response later.

Personal injury litigators for seriously injured accident victims

At Derfel Injury Law, we have experience assisting injured victims with their personal injury claims. If you have been injured as the result of negligence, we can provide insightful legal advice. Our lawyers take the time to ensure that our clients understand the litigation process, and feel comfortable with the progress of their claim. To discuss a personal injury matter, contact us online or call 416-847-3580 to make an appointment. We can meet with clients at locations in Barrie, Whitby and Toronto.