What is an examination for discovery? Personal injury cases examined by Ottawa car accident lawyers.

What is an examination for discovery? Personal injury cases examined by Ottawa car accident lawyers.

Fair Disclosure: In all law suits, one of the most important steps is the disclosure or examination phase. In any personally injury claim, there are documents needed to prove the elements of the case. For instance, an injured person must prove the existence of a standard breached by the person responsible for the injury/accident, called negligence; or prove breach of contract; often maintenance records are sought and must be disclosed potentially showing inadequate steps were taken to make the property safe or a motor vehicle accident report is obtained. Conversely, the owner of the property where a slip, trip and fall occurred either on ice or other slippery surface, will ask for medical documents proving the injuries were sustained.

Examination for discovery is a step in the court action which allows the parties to ask each other questions about any issue in dispute in the action; it is called an oral examination for discovery. The law on examinations will change in Ontario effective January 1, 2010. In most law suits, you will be required to participate to different degrees in the examination or disclosure step, either in writing or orally; If you are seeking compensation for personal injuries as a result of an accident (car accident, slip and fall or otherwise), you will be required to give evidence under oath about your knowledge of the facts on how you were injured and all of the events about the injury and accident. The examination for discovery is the who, what, where, why, when, how step. Many cases are won or lost by questions asked and answers given at examination for discovery.

The examination for discovery is a step that requires full, complete and fair disclosure of facts and documents about the case. In essence, the examination is a question and answer session and each party takes their turn asking and answering questions - all of which is recorded, under oath. The transcript of the examination can be used at trial. Prior to any examination, you need to prepare with your lawyer. At our Ottawa accident and personal injury law firm, we understand the intricacies and complexities of the examination process and we will protect your rights and interests. Call us about any questions you may have in relation to your personal injury case. Call Marc Quinn at 613-563-1131. Ottawa Car Accident and Personal Injury Lawyers. Plant Quinn Thiele LLP.