Documentation & Discovery Issues in Car Accidents
Our Las Vegas Car Accident Lawyers Can Help – Call Today
Most persons involved in a
car accident injury case have no idea what to expect in regards to medical treatment
or the civil discovery process inherent to every personal injury lawsuit.
Often, many injury victims have never sustained a traumatic injury before
and are surprised at the process of rehabilitation and recovery. If you
have never been involved as a party in a civil lawsuit before, the civil
litigation process can also appear bewildering. For many individuals,
having to adjust to the arduous demands of treatment and recovery –
in addition to participation as a party to a lawsuit – can be difficult.
While no two car accident injury cases are identical, frequently common
issues arise which pertain to treatment and documentation, which if handled
properly can greatly assist a favorable resolution of a personal injury
case. A little background in the process and some simple pointers can
go a long way towards assisting a car accident injury victim in successfully
navigating these two new areas.
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The Importance of Properly Documenting Each Car Accident Injury
After sustaining injury in a car accident, sometimes a person is forced
to wait a few days to get into see his or her primary doctor. During many
initial appointments an injured person will only address his or her primary
source of pain. We have found that in many cases, patients neglect to
fully describe all aspects of their injuries. This can become a significant
problem in many car accident injury cases. A person who neglects to adequately
explain and identify all injuries and symptoms related to a car accident
will almost inevitably be accused of “malingering” by the
insurance defense lawyers defending the case. Simply put, when insurance
defense lawyers accuse an injured plaintiff of “malingering,”
they are asserting that the plaintiff is faking or exaggerating his or
Accusing the victim of faking an injury is a very common technique, which
unfortunately has incredible appeal to some jurors who consider most injured
plaintiffs as fraudulent opportunists. Adequately documenting all car
accident related injuries during the first doctor’s visit will go
a long ways toward helping us defeat any accusation of malingering which
may arise during the course of the litigation. Generally, the better the
historian the injured plaintiff and treating doctor are, the better the
Role of Depositions in Car Accident Cases
One of the primary reasons accurate and complete documentation of all injuries
related to a car accident is so important is that the probing process
of civil discovery may make any omission of facts by the injured plaintiff
appear as an attempt at deception. In personal injury cases, the parties
are able to conduct what is known as “discovery.” This process
consists of the exchange of information between the opposing parties.
Perhaps the best known and most dreaded form of discovery for parties
is the deposition. A deposition is an oral testimony given by a witness
in response to questions posed by the opposing parties’ lawyer.
Before the deposition is taken, the lawyers will seek to obtain all evidence
in the car accident injury case, including:
- Prior medical records
- Accident reports
- Expert reports
- Any other information which pertains to the credibility and medical condition
of the injured plaintiff
Our Las Vegas car accident lawyers at Oronoz, Ericsson & Gaffney LLC
will meet with you prior to your testimony. The meeting will include review
of all records and issues which are anticipated will be addressed during
the deposition. The extent of the injuries which you sustained as the
result of the car accident will be probed extensively. Reacquainting yourself
with your medical history as documented in the reports will be helpful
to you during your deposition. Being familiar as possible with all the
factual issues pertaining to the accident and the injuries you sustained
is essential to establishing your credibility. With proper preparation,
your deposition will be a relatively painless experience. Preparation
is a major factor in maximizing the recovery in every car accident case.
Our Las vegas auto accident lawyers at Oronoz, Ericsson & Gaffney
LLC will help you every step of the way.
Call our Las Vegas injury firm
at (702) 904-8858 to begin building your case.