Discovery in Car Accident Cases

Car accident victims must often file personal injury claims against those responsible for their harm in order to receive the compensation they need in order to deal with their injuries. If you’ve been hurt in a motor vehicle crash, Miami car accident lawyer Robert Dixon and his staff at the Law Offices of Robert Dixon can help you determine your legal options. Although a victim’s first priority in the aftermath of a serious collision should be to focus on recovery, certain steps must also be taken immediately in order to preserve your legal rights. Mr. Dixon makes those steps his priority so that clients can rest assured that their legal options remain open. Our firm offers seasoned and knowledgeable legal guidance for residents across South Florida, including in Miami-Dade, Broward, and Palm Beach Counties. In addition to personal injury claims, we assist families who have lost loved ones due to a fatal accident pursue wrongful death suits against the responsible parties. If you have questions regarding your legal rights following a car accident, please contact our office to schedule a free consultation.

The discovery process in personal injury lawsuits arising out of car accidents is governed by the Florida Rules of Civil Procedure, and refers to the process of requesting information from other parties in the lawsuit so that you can build evidence and arguments in support of your case. Procedural rules give plaintiffs and defendants certain rights in this context, and both plaintiffs and defendants will request information from each other. There are a few main components to the discovery stage, which can include: interrogatories, requests for admissions, requests for production, and depositions.

Interrogatories are written questions given to one side by the other. Each party may present the other with up to thirty questions that must be answered, under oath, within thirty days. Generally, a defendant will ask questions regarding a victim’s background, including work history, as well as how a car accident occurred, and a victim’s medical history. These questions will also inquire as to medical costs and what injuries a victim is claiming were caused by the collision. Attorneys can provide guidance to clients regarding their answers to interrogatories.

Requests for admissions aim to narrow the issues relevant to a lawsuit. Each side may present up to thirty facts that a party can admit or deny. For example, if it is alleged that the defendant was texting at the time of the accident, the plaintiff may submit a request that the defendant admit or deny that he or she was using a cell phone when the accident occurred. Any facts not responded to within thirty days of service will be considered admitted to. Requests for production are document requests. These can include requests for copies of medical records and bills, tax returns for claims of lost wages, as well as other documents in a party’s possession relevant to the lawsuit.

During discovery in car accident cases, each party may also take depositions from the other parties. Depositions are sworn statements by those involved regarding subjects such as their account of what happened during the accident, past driving histories, injuries sustained, and other matters. In addition to the above, the Florida Rules of Civil Procedure allow for a plaintiff to be seen by one of the defendant’s approved doctors for medical examination. Discovery is important in all car accident cases, as it is the stage during which attorneys collect vital evidence supporting or contesting the legal claims at issue. Making sure discovery is conducted thoroughly and properly is vital to ensuring clients’ legal rights are preserved.

Car crash victims often need financial assistance beyond what is covered by insurance, and must take legal action. Discovery in car accident cases is important in making sure the correct information is gathered to assess damages like medical expenses, lost wages, changes to income, and any pain and suffering endured. Car accident attorney Robert Dixon of the Law Offices of Robert Dixon assists victims injured in these collisions in pursuing legal claims to hold responsible parties liable. Please call our office at 877.499.4878 or contact us online today to schedule a free, no-obligation consultation to see how we can help. We represent clients in areas including Miami, and West Palm Beach.