Ohio Personal Injury Attorney Covers Phase 2 of 4 Of The Litigation Process
The Litigation Process - Phase Two - Discovery
by David M. Chester Ohio Personal Injury Attorney
Occasionally, Ohio personal injury claims (claims arising from a car accident, truck accident, motorcycle accident, medical malpractice, faulty product, slip and fall, etc.) cannot be completed without having the litigation process. One of the main reasons for this is because the insurance company involved will not offer a settlement that is fair. The Ohio litigation process is complicated and requires a lot of time and patience. However, for you to obtain a vair settlement it may be a necessary avenue your personal injury law firm must take. The litigation process can be broken down into several phases: filing the complaint, discovery, the pre-trial phase, and trial. Below is a brief overview of the complaint phase.
The Discovery Phase:
After the Complaint has been filed, and the Defendants have answered, the next phase in the litigation process is known as Discovery. Discovery is the exchange of information between the parties in a lawsuit. Each party in a lawsuit is legally entitled to request certain information from the other side prior to Trial. Another way to put it, discovery is the gathering of information needed to prove a case and to eliminate surprise at trial or concealment of facts/information. A personal injury lawsuit in Ohio is really a civil action as opposed to a criminal one. Under civil lawsuits, information is not required to be produced to the other side unless it is requested. There are five main discovery tools which may be used by an Ohio personal injury attorney to request and obtain information from the other side:
Interrogatories are written questions directed to the other side which must be answered, under oath. The answers to these Interrogatories carry the same weight as if the party answering them had done so orally in trial. Not all the questions asked by interrogatories are proper, as each is still subject to the rules of evidence. A competent Ohio personal injury attorney will be able to assist you in answering interrogatories.
2. Production of Documents.
Requests for production of documents are, as the name suggests, written requests made to the other side requesting that they produce certain documents prior to trial. Requests can cover a whole range of documents, from medical documents to cell phone records. Not all information is discoverable however, or is required to be produced to the other side. A competent Ohio personal injury attorney will be able to assist you in replying to requests for production of documents.
3. Requests for Admissions.
Requests for admissions are written statements, written in true/false answer format, that are sent to the other side to either admit or deny under oath. Requests for admissions are similar to interrogatories.
A deposition, in its simplest form, is the oral testimony of a witness or party to a lawsuit taken under oath before trial. In Ohio personal injury lawsuits, plaintiffs typically give depositions. Depositions are recorded by a court reporter who records your testimony in written format. The purpose of the deposition is to get recorded statements as to the recollection of the witness as to all the facts which he or she may be aware of.
5. Mental and Physical Examinations
In some personal injury lawsuits, the defense may ask that the injured party be examined by a doctor of their choosing who will also be used as their medical expert. The purpose of this examination is to get a favorable expert opinion as to the nature and extent of the alleged injuries. The opinions of these experts are typically favorable to the defense since the medical experts used are commonly hired by insurance companies. A competent Ohio personal injury attorney will be able to take steps to help protect you from these sometimes deceptive defense witnesses.
You must have an attorney that understands the litigation process and the Ohio personal injury lawyers at Chester Law Group are experienced in the complicated Ohio personal injury process. Contact them today at one of their 16 offices located across the state of Ohio.
The main office for Chester Law Group is located:
Chester Law Group Co., LPA