THE DISCOVERY PHASE OF A SLIP AND FALL CASE

During the discovery phase, both parties will try to find out through various procedural tools the subject matter of the slip and fall case in detail. The discovery phase can extend to a couple of months to even many years, depending on the complexity of the lawsuit and the number of pending cases with the court. Here are some things you can expect during the discovery phase.

Interrogatories

This will be written questions that the defendant and you will have to answer under oath. Your lawyer will be submitting a list of questions to the party at fault to learn information about the fall and to find out whether the property owner had knowledge about the dangerous condition. The defense lawyer will also be asking you questions to find out if you were careful, and whether you were in good physical condition before the fall.

Requests for Production

These are written requests for acquiring documents and other related things of the lawsuit. For example, your lawyer might request incident report, copy of the surveillance video that has captured your fall, documents related to maintenance procedures carried out on the property, and so on. The defense lawyer on the other hand will request your medical record that has documented your injuries caused by the fall. The attorney might also ask for your medical history, if there is any suspicion of previous injury or a tangible or germane health condition.

Depositions

In a deposition the lawyers can ask questions to witnesses, who have to answer them under oath. A court reporter will be transcribing everything that is said, and in certain cases, the whole thing will be recorded on video.

Independent Medical Exam

If the defense lawyer suspects foul play, he can request you to be examined by a doctor selected by the property owner or the insurance company. The purpose is to provide an impartial evaluation of your injuries.

It’s important that during each phase of the discovery process, you have a trusted attorney that’s on your side.