Discovery Phase in a Slip and Fall Case

As with any lawsuit, you will undergo a “discovery” phase in your slip and fall case. During disovery, all parties involved will submit interrogatories and lawyers will look through medical records pertaining to the incident and accident. In this blog, our Long Island personal injury attorney explains what to expect during the discovery phase of a slip and fall case.

Interrogatories

Interrogatories are written questions that you are required to answer while under oath. Your attorney will submit your questions on your behalf to the owner of the property where the accident occurred, and you'll be asked to answer a list of questions provided by the defense. The purpose of interrogatories are to learn more about the location of your fall and if there was any notice posted of the dangerous condition that was the cause of your injury.

Requests for Production

To obtain documents related to the lawsuit, a request for production will have to be filed. Your attorney will want to see incident reports, surveillance video, and copies of company policies pertaining to property maintenance regulations.

Depositions

Did anyone see what caused your fall? What part of the body hit the ground first? During a deposition, you will be asked a series of questions pertaining to the incident while under oath. It’s important that everything said during a deposition is honest – lying while under oath is a punishable offense.

Independent Medical Exam (IME)

If there are issues with your injuries and claim, you will be requested to go to a doctor selected by the defense lawyers for an independent medical exam. The purpose of IMEs is to provide an unbiased, independent medical evaluation of your injuries.

At Laurence A. Silverman, Esq., our success is based on your success. Our Long Island personal injury attorneys are here to help you 24/7. To get started, call us at (631) 529-6701 to schedule a case evaluation.