Once you file your lawsuit, you become a Plaintiff and the person or entity at fault becomes a Defendant. We’ll start gathering facts through exchange of documents, written questions or depositions, this is called the discovery phase and can include:
Medical examinations: An initial medical examination is usually performed by the injured person’s chosen doctor. The defendant or insurance company may request a second opinion.
Gathering documentation: Documentation can significantly help with your case, allowing us to prove to the court and/or insurance company that you within your legal rights to file a claim. Documentation and physical proof may include medical records, radiology imaging studies, photos and video of your impairment and limitations, bills, copies of your insurance policy, plus any other appropriate papers and proof.
Depositions: This is witness testimony given outside of court but under oath, and can be an important aspect of the discovery process.
Interrogatories: Interrogatories are written questions that we will issue. These questions are to be answered in writing and under oath by the party receiving them.
Expert witnesses: Sometimes, we may need to use an expert witness or witnesses. An expert witness is a highly trained and credible professional who will provide a testimony based on their expertise. Expert witnesses are used to explain complex topics to judges and juries, and to establish that the Defendant violated a standard of practice or care. To prove fault for your injury, the type of expert needed will depend on the nature of the case and what happened. The same is true for the injury and damages experts. Usually, the types of expert witnesses that may be involved in a brain injury case are those who work in the appropriates fields regarding the legal responsibility issues, as well as the appropriate doctors like neurologists and neuroradiologists, just to name a couple.
