Examinations for Discovery in an Injury Claim: What Clients Should Know

If you’ve started a lawsuit related to an injury claim, you will likely encounter a process known as examinations for discovery. While the term might sound intimidating, it’s simply a step in the legal process designed to clarify the facts, narrow the issues, and to allow both parties to prepare for trial. Understanding examinations for discovery and how they work is crucial to navigating your injury claim effectively and confidently.

Examinations for discovery are an important pre-trial step in all civil lawsuits, including personal injury claims. It involves lawyers asking direct questions of opposing parties under oath in order to better understand the claim is about and what evidence will be tendered at trial. 

The examinations themselves are part of the discovery process, which is a phase in the lawsuit where the parties involved (i.e. the injured plaintiff and the defendant wrongdoer) are required to exchange information and evidence relevant to the case. The goal is to ensure that both sides have a clear understanding of the issues and evidence before proceeding to trial. By doing so, the discovery process help streamline the legal process and can often lead to parties resolving the claim without need to proceed to court. 

The Purpose of Discovery Examinations

At their core, discovery examinations serve as an opportunity for both parties to explore the details of the claim. During this phase, lawyers for each side can question the opposing party under oath. For the plaintiff, this involves answering questions about the circumstances of the injury, its impact on their life, and other relevant details. The defendant personally (in the case of a motor vehicle accident) or a representative from the corporate defendant (such as an insurance adjuster in an LTD case or a property manager in a slip and fall case) will also be examined.

The purpose of these examinations is multi-faceted:

1. Clarify the facts: both parties can establish a clear understanding of the events leading to the injury and its aftermath.
2. Evaluate the case: each side can better appreciate the extent of evidence that will be levied against them. 
3. Encourage settlement: by understanding the evidence and issues, both parties may opt to settle the case before going to trial.
4. Preserve testimony: the testimony given during discovery may be read into the record at trial in certain circumstances.

The Process of Examinations for Discovery

Examinations for discovery may be conducted in-person or virtually. If conducted in person, the examinations are often held in a boardroom or office where all the lawyers observe the examination. If conducted virtually, the parties and the person being examined are providing a video conference link ahead of time and can log on shortly before the examinations start. In both cases, a court reporter will be present to record the transcript of the examination. 

Examinations for discovery are not conducted in court and therefore there is no judge present and no binding decision from the court is made at the examination. 

Examinations for discovery typically involve: 

1. Preparation: your lawyer will work with you to prepare for the examination. This includes reviewing your medical records, accident details, and any documents related to the claim.
2. Questioning: the opposing lawyer will ask you a series of questions under oath. These questions may cover the accident, your injuries, medical treatments, and how your life has been impacted.
3. Answering: It’s important to answer truthfully and to the best of your ability. Your lawyer will guide you on how to respond effectively without over-explaining or speculating.
4. Recording testimony: A court reporter will transcribe the entire examination, creating a record that can be used later in court or negotiations.

What You Should Expect

While examinations for discovery are standard in every personal injury lawsuit, they may still feel overwhelming for those unfamiliar with the process. It’s important to remember that this is not a cross-examination in a courtroom. The goal is to gather information, not to intimidate or accuse. Your lawyer will be present throughout the examination to protect your rights and ensure that any inappropriate or irrelevant questions are addressed.

The opposing lawyer may ask about:

• The details of the accident and how it occurred.
• The nature and extent of your injuries.
• Your medical history and treatments.
• How the injury has impacted your ability to work and your daily life.
• Any relevant documentation, such as medical records, accident reports, or receipts for expenses.

The Role of Your Lawyer

Your lawyer plays a crucial role in preparing you for and guiding you through the discovery process. They will:

• Help you understand what to expect during the examination.
• Review the questions that might be asked.
• Object to improper or irrelevant questions.
• Ensure the process is conducted fairly and in accordance with legal rules.

The Importance of Examinations for Discovery

Examinations for discovery are a pivotal step in the injury claims process. They allow both parties to gather the information needed to build their cases, evaluate settlement opportunities, and prepare for trial if necessary. For plaintiffs, this phase is an opportunity to present their side of the story clearly and convincingly.

While the process may seem daunting, proper preparation and guidance from an experienced lawyer can make all the difference. Examinations for discovery often help resolve cases more efficiently, whether through settlement or by narrowing the focus of a trial.

If you’re involved in an injury claim, understanding the process involved in an examination for discovery and working closely with your legal team will help you approach this phase with confidence and clarity. It’s an essential step toward achieving the compensation and justice you deserve.

Personal Injury Lawyer Brampton 

For more than four decades, our trusted Brampton personal Injury lawyers have won millions of dollars in compensation for clients to recover the cost of medical bills and lost wages as well as damages for both pain and suffering. The firm was founded on a set of core values that we still strive to live by every day; namely, integrity, excellence and professionalism. These values remain as important to us now as when we began.

**Please note that the contents of this blog should not be relied upon as legal advice or medical advice, but only for information and reference purposes. You should always follow the advice of your doctors and treatment providers with respect to your diagnoses and what health and medical steps you should take to best recover. If you wish to obtain legal advice, please contact our office and arrange for a free consultation with one of our lawyers.**