Sometimes those that got injured during a slip and fall incident decide to file a personal injury claim. When making such a claim, those same plaintiffs insist that the property owner should be held liable for their injuries. The lawyer for the defendant knows how to respond to such an accusation.
Once that accusation has been made, the lawyers from both sides launch a process known as “discovery.” Before the injured victim can hope to obtain any award, he or she must attend a trial. Before the trial can begin the plaintiff and the plaintiff’s lawyer must complete each procedure that has been included in the discovery process.
The procedure that entails submission of interrogatories
The discovery process begins with this procedure. Each interrogatory consists of a list of questions. Every question on that list has to be answered under oath. One list gets submitted to the property owner; the second one gets presented to the plaintiff (injured victim). The property owner’s answers need to include specific details about the location where the plaintiff fell down. In addition, the owner’s awareness of any hazardous conditions undergoes a careful examination. The plaintiff must provide information on any warning signs that had been posted in the vicinity of the hazardous location.
The plaintiff also has to answer a couple other questions. For instance, one question will focus on the plaintiff’s actions, specifically those that were made following observation of any posted warning signs. In addition, details on the plaintiff’s medical condition will be mentioned, in an effort to learn more about each condition.
The procedure called Requests for Production
The lawyers for the plaintiff and the defendant make each request. A list of the requested items would include both documents and other materials. Either Personal Injury Lawyer in Cambridge might also inquire about having an opportunity to inspect certain documents.
The attorney for the defendant would want to look at the plaintiff’s medical records. That same lawyer would view that examination as a possible means for uncovering facts about certain past conditions. Those would be conditions that might cause someone to feel unsteady, such as blurred vision, dizzy spells, epilepsy, paralysis, diabetes, a muscular disorder, or injuries from previous falls.
During the deposition the lawyers from both sides get to pose questions to the various witnesses. Depending on what the lawyers learn, the deposition might be followed by an IME.
In insurance company that provides the defendant with coverage can order an independent medical exam (IME). The insurance company hires the physician that conducts that examination. As long as the plaintiff has been suffering the effects of a true injury, the plaintiff has no reason to worry about the IME.