The examination of discovery stage in a personal injury suit is something that many plaintiffs worry about.

This happens in the pre-trial stage of the trial process and comes at a time when the case has progressed to the trial stage. Although almost 90% of personal injury cases are settled out-of-court, there are times when the settlement negotiations, arbitration or mediation fail to achieve a mutually satisfactory outcome. The case then proceeds to trial.

This is also the first time that the opposite, at-fault party’s lawyer will come face-to-face with the plaintiff. The impression they form of your integrity, the validity of your claim, the nature and extent of your injuries and their impact on your life is a crucial element in their assessment of how strong your case is.

Slip and fall accidents can be challenging to deal with, since there are several complex medical, legal and insurance issues involved.

An experienced Ajax personal injury lawyer with proven success at trial can provide the right advice and assistance.

What Is Examination of Discovery?

This is a pre-trial process where lawyers on both sides can question opposite parties (and their agents/employers) under oath on any matter relevant to the claim. The entire process is recorded and can be produced as a transcript in court later if required. It’s important that you attend, otherwise it could affect your case negatively. The time duration depends on the facts/circumstances/procedures.

This process allows both sides to get information about each other’s cases. Lawyers who conduct this procedure seek to establish:

• What the opposite party’s views are on the claim
• That you are committed to a particular version of facts as given directly by you
• Whether there are any areas of consensus
• What the specific points of dispute are
• Whether there is any information given or admissions made by the opposite party that can be used in trial against them

Both lawyers seek to protect their clients’ interests and rights.

The procedure is held in a special location designated for it, or a privately-operated “Examiner’s Office.” There is no judge present. Members of the public are not allowed.

Preparation

Lawyers, investigators, insurance-company representatives etc are highly-trained, experienced and focused people who handle these situations regularly, hence, you need to remain alert and vigilant.

• Remain calm and focused
• Speak only the truth
• Speak clearly and confidently
• Ensure that you’re consistent even in minor details
• Don’t volunteer information
• Listen carefully to the question, answer only when you’re ready to answer the whole question
• You’re not compelled to answer immediately, take your time
• Never speculate, guess or provide more than what is asked
• Don’t answer without understanding the question
• If you’re asked to estimate or guess, ensure that you specify that this is a guess
• Your lawyer’s duty is to protect your interests and they will object if the questions are improper
• The questions can cover an extremely broad range and may go into personal areas
• You won’t be allowed to have a private conversation with your own lawyer during the process

It’s not unusual to feel anxious or nervous beforehand. Share your emotions with your lawyer. Your experienced Ajax personal injury lawyer will spend adequate time with you to help you prepare and practice for this.