Either or both of two things happen in response to any civil personal injury complaint filed in court, an offer to settle it or a responsive pleading opposing the complaint by answer or motion followed by mutual discovery of evidence, seldom the first result, always the second. A careful Puyallup personal injury lawyer sends the client copies of all discovery requests and advises that the opposing party is likely to make similar requests. The conscientious Puyallup personal injury lawyer requests from the client careful and complete answers as soon as possible to all opposing party interrogatories and requests for admissions or production and then discusses the draft answers with the client.
Inexperienced personal injury attorneys often file suit, receive opposing party discovery requests, ask for extensions of time to respond, and then find out information detrimental to their clients’ cases. Such potentially detrimental revelations may be preexistent injuries or conditions, prior insurance or worker compensation awards, problems with proof of liability, witness problems, or any unfavorable facts that could harm or even ruin the client’s case.
Defense Discovery Stratagems
Many clients neglect or decide not to disclose detrimental information during claim negotiations before they file formal complaints. After filing, when discovery starts, problems begin to appear on what seemed to be an unblemished case. Insurance claim adjusters and attorneys are aware of such transformations signifying that either the plaintiff’s attorney or the plaintiff or both have held back during claim negotiations information that may fortify the defense. For this reason, insurers usually offer nominal or minimal settlements in cases with high medical expenses. They realize that formal discovery may reveal problems for plaintiffs in their medical records. They are also aware that plaintiffs and sometimes their Tacoma personal injury attorneys do not produce unfavorable medical information about prior conditions or injuries. They therefore request all medical records from all sources and providers that have treated the plaintiff over a period of years.
Interrogatories may enable them to gauge the strength of the plaintiff’s case for liability by requesting identification of witnesses and their contact information, copies of documents and photographs, theories of liability, and other information useful to them in attacking the plaintiff’s case. The upshot is always to expect defendant discovery to do something intended to damage the plaintiff’s case.
Consult a Puyallup Personal Injury Lawyer
Anyone injured in an accident caused by medical malpractice, careless, inattentive driving, or any other negligent misconduct may be entitled to full and fair compensation for all consequent costs as well as reparation for pain and suffering. A preliminary consultation at no charge with an experienced, knowledgeable Tacoma personal injury attorney is the first step toward complete recovery. At Greene & Lloyd, PLLC experienced Tacoma personal injury attorneys are dedicated to support and advocacy for injured plaintiffs until they receive the compensation they need. Call 253-770-0808 today to schedule a free consultation.