How Will You Get The Evidence You Need To Prove Your Case?

In most personal injury cases other than perhaps car accidents, there is one truth: Usually, the other side—the Defendant—has more information than you do about your accident. The question then becomes, how do you get that information, as much of it may be needed to prove your case at your personal injury trial.

Why Does the Defendant Start off With More Information?

Let’s say that you fall in a store. The store may have video of the fall. It may have taken pictures. It may have interviewed witnesses. You can’t do any of that—you’re injured at the scene of the accident, while the store is conducting a complete investigation.

You also don’t know their policies and procedures. How often does someone inspect or clean the floor? What kind of security measures are used, if it is a negligent security case? The store knows its policies and procedures, and the whereabouts of its employees, and the measures it takes to keep people safe, but you don’t.

In a lawsuit you can get the information you need—information the Defendant has and you don’t—through discovery. There are a number of ways to get the evidence needed to prove your case.

Interrogatories – interrogatories are a series of written questions that you, through your attorney, ask the other side which they have to answer in a set amount of time. You can ask anything you want, so long as it is related to the case and the accident.

Documents – You also have a right to get any documents that you request. This can include electronic documents as well, such as emails or digital pictures. Documents often have company policies or procedures, and reports that were made at the time of the accident. They can also include interviews with witnesses who saw your accident.

Documents can be very revealing because they are often created before your accident, or without being aware that there will be a lawsuit, so employees tend to be very honest in what they put in documents.

Depositions – Depositions are verbal interviews where your personal injury attorney will ask questions of company (the Defendant’s) employees. They may be employees who simply saw the accident, or they may be higher level managerial employees, who can answer questions about company policies, or staff training, or other matters that go to the heart of how a business keeps its property safe for customers.

Third Parties – All of the above which can be gathered from employees and managers or owners of the store, can also be gathered from third parties—parties that aren’t a part of the lawsuit.

For example let’s say that the store says that they used Jack’s Security to minor their parking lot. Jack’s security is not a party to the lawsuit, but you can still depose Jack’s Security or get documents from them, to see if they were used, how often, and what they were supposed to do.

We can help you investigate your personal injury case, and get the information you need to help prove your case. Call the Clinton personal injury lawyers at Fox Farley Willis & Burnette, today.

Sources:

tncourts.gov/rules/rules-civil-procedure/2602

tncourts.gov/rules/rules-civil-procedure/3002