Examining Minors and Parties Under Disability

When an action is brought in the Court, the normal rule is for each party to examine the other in advance of trial. This process is called Examination for Discovery, and the questions and answers are recorded and transcribed. There are some exceptions to this, especially where the Plaintiff is a child with a disability. By way of example, should the insurance company for a Defendant bus company be able to examine the 10 year old autistic child Plaintiff who was subjected to a threat of beheading by the Defendant? The caselaw suggests that the Defendant should not be permitted to do so, for amongst other reasons, as there is a real potential of psychological damage to the disabled child. Todd K. Plant will pursue his client's personal injury claim and protect his vulnerable clients from being subjected to further trauma. Call Todd K. Plant at 613-563-1131 for a free consultation regarding your personal injury case. Todd K. Plant, Personal Injury Lawyer, Plant Quinn Thiele LLP. www.pqtlaw.com