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During the discovery process in the Toledo head-on collision case, our client was asked to have statements sworn in, as well as to produce documents of her medical injuries. While this was a task that could have been overwhelming for most people, she was able to meet all requests with our help. Discovery is a key component to many civil claims, and because of this, it is important that you work with attorneys who could help you do what is legally required, and who are familiar with cases like the one in Toledo.
The discovery process in the Toledo head-on collision case had a request for production. We requested a copy of the defendant’s automobile insurance policy and copies of any statements that he had from the plaintiff—or that his insurance company had from our clients—regarding how the accident happened. We also requested any photographs that he had which showed damage to the vehicle or the scene of the accident, as well as copies of any repair estimates for the damage to either of the vehicles.
Conversely, our client also had to produce documents to the defendant. We produced photos of the damage to the vehicle, as well as photos of our client’s ankle in its various stages of treatment. We also produced all of her medical records related to treatment for the accident and all of the bills associated with that treatment, as well as records showing what Medicaid paid for her medical care.
Interrogatories are written questions from one party to another about the facts of the lawsuit and the background of the parties involved. These were critical for the discovery process in the Toledo head-on collision case. When somebody answers interrogatories in a lawsuit, they are answering those questions under oath. People sign a verification in front of a notary, saying that their answers are truthful. This gives it the same kind of testimonial effect that it would have if they testified under oath at trial or depositions.
We asked ten questions in our written interrogatories to the defendant, some of which had a number of sub-parts.
Additionally, our client received interrogatories from opposing counsel, where the defendant asked our client 29 questions, some of which also had various sub-parts.
Some of the sub-questions that they asked our client were about identifying witnesses, including expert witnesses. They also asked us to identify:
The opposing counsel also asked background information about where our client was going at the time of the crash, and how the accident happened.
The process of answering this set of questions involved going through what opposing counsel had asked and preparing answers for them. A copy of the interrogatories was sent to the client to review. I met with her to make sure that all the answers we gave were accurate. The opposing counsel’s interrogatories also involved us making objections to some of the questions that had been asked, because there were legal reasons to preserve those objections.
The process usually involves people sending requests admissions, which is essentially when an attorney sends a document asking the other party to admit whether a statement is true or not. What that could look like is, for example, admitting that a defendant was traveling westbound on a particular road, or admitting that they failed to stop at a stop sign. Sometimes those statements could be used to try to establish the facts of the case. If the other side does not respond to a request for admission within 28 days, they are formally deemed admitted by the court. We had to be careful with requests for admissions during the discovery process in the Toledo head-on collision case. This is because, if these questions were not answered for whatever reason, it could potentially ruin the case.
The discovery process in the Toledo head-on collision case was filled with interrogatories and requests for documents by both sides. Our attorneys were, fortunately, able to assist our client in producing the necessary documents and responding to questions asked by the defense team. Going through this process alone would surely have been more daunting. Similarly, if you find that the prospect of having statements sworn in by the court or having to produce a multitude of documents requested, you may need to consider working with an experienced attorney. Speak to an attorney today.
Charles E. Boyk Law Offices, LLC