Pre-Litigation Discovery

With any defective product case, the insurer may wish to examine and test the defective product before entering into settlement negotiations. The insurer would have that right should the matter be litigated, but there remains the concern about preserving the evidence for your own expert. This can be remedied by having the insurer agree to turn over the raw data of its testing, for use by your own expert. It is also helpful to bind the insurer to this round of testing being its final one, and that they do not get a "second kick at the can" under the discovery provisions of the Rules of Civil Procedure should the matter be litigated. These ground rules can avoid later misunderstandings and often lead to early settlement of the case without litigation. Contact Todd K. Plant regarding your defective product case at 613-563-1131, Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, www.pqtlaw.com