The “discovery phase” is a fact-and information-gathering time during which your attorney becomes familiar with your case and the defendant's case.
Depositions and Interrogatories
We will take a deposition, or a statement under oath, of the defendant involved in your accident and all persons who witnessed the accident or who have any information concerning your claim. The defendant's attorney also has the right to take your deposition. They will ask you questions about how the injury occurred and about any other injuries, accidents or claims you have had previously.
Parties to a lawsuit also exchange written questions that must be answered under oath. These are called "interrogatories," and your attorney and his staff will assist you in answering them. It is important that you begin work answering these interrogatories as soon as you receive them from our offices. We will assist you in preparing the final response.
The litigation phase, or “discovery phase”, is a fact- and information-gathering time during which your attorney becomes familiar with your case and the defendant's case. Several procedures comprise this process, particularly depositions and interrogatories.
At any of these stages, discussion of a settlement might arise, and we will advise you as to any offers made during the pendency of your claim. We will then discuss the feasibility of a settlement and how much you would receive. Should a settlement not be feasible or the settlement offer be too low, preparation for trial will begin.
We will discuss the trial in depth with you. Prior to any and all depositions the defendant's attorney takes of you, your attorney will assist you through a conference. During the conference, your attorney will discuss what type of questions you should expect and how you should conduct yourself at a deposition. Also, your attorney and his assistants will discuss matters crucial to the development of a satisfactory settlement or jury verdict, such as the accident, your injuries, how the defendants might conduct themselves in investigating your claim and other issues.
Defendants often will send an investigator with a video camera to follow you and observe you as you lead your daily life in hopes of hurting your case. Please remember that the minute your claim is initiated by the letter sent from your attorney to the defendant or their insurance company, you could be observed without your knowledge.
The defendant also has the right to have you examined by a doctor of his or her choice. This doctor is usually much more conservative in his or her opinions of your injuries and will prepare to testify for the defendant at court.
At The Law Firm of Cohen and Cohen, P.A., we care about our clients. You put your trust in us, and we will assist you in every way possible to obtain compensation for losses you have suffered. We look forward to helping you with your legal needs.
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Are you a victim of a recent injury and not sure what to do next? Let Cohen & Cohen provide you with a free consultation to help you determine your next steps.