| So you've been injured by someone that was playing | | | | Next, the plaintiff will usually have his/her deposition |
| Brick Breaker on their Blackberry, eating a burrito, and | | | | taken. A deposition is a question and answer session |
| driving on the freeway all at the same time. The | | | | that allows the defense attorney ask questions of the |
| insurance company has accepted liability and has | | | | plaintiff. This is the only time the opposing attorney can |
| agreed to pay you a nickel on every dollar you've lost. | | | | speak directly to the plaintiff prior to trial. This can take |
| Instead of accepting $500 for your broken legs and | | | | anywhere from a couple hours to several days. This is |
| fractured spine, you've decided to hire an attorney to | | | | typically the most nerve-racking and important |
| protect your rights and seek fair compensation. What | | | | discovery tool. A plaintiff's deposition can never win the |
| happens now? | | | | case, but it can lose it. Plaintiffs should be thoroughly |
| The first step is trying to settle the case without filing a | | | | prepared by an attorney before deposition. |
| lawsuit. This is done by sending a demand letter to the | | | | Finally, the plaintiff will usually have an independent |
| insurance company. The attorney will collect all bills and | | | | medical examination (IME). An IME is a session with a |
| medical records and figure out how the injury has | | | | doctor hired by the insurance company. They ask |
| affected your life physically, emotionally, and financially. | | | | questions about the injury, perform a simple |
| This information is then summarized in a letter offering | | | | examination much like a physical (usually taking only |
| to settle the case for X amount of dollars. It is rare | | | | ten minutes) and then write a report stating that the |
| that a demand is accepted unless the insurance | | | | plaintiff is not injured, is lying about the extent of the |
| coverage is less than the medical bills. If the demand is | | | | injuries, and has over treated for his/her injuries. An |
| refused, then a complaint is filed and litigation begins. | | | | attorney should prepare his client and attend the IME |
| This is when your life as a plaintiff becomes a little | | | | to protect from an overly intrusive exam. |
| more difficult. After the defendant answers the | | | | In cases in which emotional distress is claimed above |
| complaint stating that it was reasonable for him to be | | | | and beyond what a typical person would experience, a |
| eating a burrito and playing Brick Breaker while driving | | | | mental examination can be compelled. This involves an |
| on the freeway, discovery begins. | | | | interview with a psychologist or similar mental health |
| The first discovery tool requiring the plaintiff to exert | | | | specialist and can also included psychological testing. |
| effort is Interrogatories and Requests for Production | | | | The mental examiner then writes a report stating that |
| of Documents. These are written questions and | | | | the plaintiff is not injured, is lying about the extent of the |
| requests for documentation that must be answered | | | | injuries, and has over treated for his/her injuries. After |
| under oath. There are typically around fifty questions | | | | this is completed, and expert depositions have been |
| to answer, but there can be substantially more. These | | | | taken, it is time to settle or take the case to trial. |
| discovery request information concerning past work | | | | Litigation is a difficult process, but with the aid of an |
| history, medical history, the injury or injuries, and | | | | attorney, it can be fairly painless. |
| financial information. The document requests require a | | | | The information contained in this article is not, nor is it |
| diligent search of information in the plaintiff's custody | | | | intended to be, legal advice. You should consult an |
| and control. | | | | attorney for advice regarding your individual situation. |