How does a lawyer learn all the facts that relate to a given personal injury claim? How does an attorney seek out any documents that should be shared by the opposing side?
The discovery process provides lawyers with 2 different methods for gathering evidence.
The exchange of written materials: Interrogatories call for written answers to printed questions. The simple sharing of documents is another way by which written materials could be exchanged. During a deposition, the personal injury lawyers in Mount Prospect for both sides get to pose questions to a given witness. A number of depositions take place during any discovery process.
Who might serve as a source of information?
• The plaintiff
• The defendant
• Other people and businesses, even those that had no connection to the injury-causing accident
What do the lawyers hope to learn from the above sources?
An attorney questioning a witness hopes to learn what that particular person saw or heard at the time of the accident. A witness might also be able to share the identity of those that could know more about the dispute between the 2 parties. Maybe a witness overheard a certain remark, and the lawyers would like to speak directly with the individual that issued that specific remark.
A lawyer might seek testimony from someone that knew one of the witnesses. In that way, the same lawyer could seek to learn more about the witness’ background. A jury might question the veracity of statements made by a witness with a troubled or suspicious background.
When questioning the neighbors of a plaintiff, the defendant’s attorney would ask about what activities the plaintiff/neighbor had been seen carrying out, during the period of his or her recovery.
If a plaintiff had pursued a personal injury claim against a property owner, then the plaintiff’s lawyer might seek testimony from the owners of a similar property. In that way, the same lawyer’s line of questioning could reveal the efforts made by the questioned property owner to schedule regular inspections of the conditions in and on his or her property. If a plaintiff’s claim had resulted in a lawsuit against a business, then the plaintiff’s attorney might inquire into the practices at a similar business. That would represent an effort to discover the degree to which the allegedly responsible business had strived to ensure the safety of any customers.
When posing questions to an injured plaintiff, the defendant’s attorney would want to learn more about the nature of his or her treatment. Injured plaintiffs often get asked to give the name of their treating physician. In that way, an attorney’s questions might reveal whether or not a patient/plaintiff had chosen to see a chiropractor or a medical doctor.