What is an Examination for Discovery?
Examinations for Discovery are normal. They occur in nearly every civil action (personal injury, or not), in Ontario.
This is an opportunity for your personal injury lawyer to ask the Defendant at fault driver, or insurance adjuster a series of questions which are answered under oath. Your lawyer will ask the at fault party some very simple questions, along with some more pointed questions in order to get more evidence about the case at hand.
The same way your personal injury lawyer gets to ask the at fault party questions; the lawyer for the insurer gets to ask the Plaintiff accident victim, or Plaintiff disability claimant questions of their own.
The insurance defence lawyer will also ask some very simple questions like:
What’s your name?
Whats’ your current address?
What’s your date of birth?
Are you married?
Do you have any dependents?
What is your highest level of education?
Where were you working before the accident?
The insurance defence lawyer will also have some very pointed, more specific questions for you about your case:
Do you recall telling Dr. Smith that your back hurt on such and such a date?
On a scale of 1-10, how would you rank the pain in your back?
Would you describe the pain in your neck as a sharp stinging pain, or a dull ache?
Would you describe the collision as a light, medium or heavy impact?
Do you recall hearing the sound of a honking horn, or tires screeching prior to the collision?
How many car lengths were between your vehicle, and the other vehicle the FIRST time you saw it? What about the SECOND time you saw it?
How much time elapsed between the time you saw the at fault vehicle and impact?
Do you recall what Dr. Smith said to you at your medical appointment on September 10,1982? (of course you don’t, this was all the way back in 1982!!!)
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