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Is the Defendant in my current personal injury action entitled to my discovery responses from a previous, closed PI claim?

Santa Rosa, CA |

I am currently pursuing a personal injury claim. In 2007 I pursued a different personal injury claim, where I injured SOME of the same body parts as my current claim. I honestly informed the Defendants of my previous claim and now they are requesting my discovery responses from the 2007 closed claim. Are they entitled to this information?

Attorney Answers 21

  1. The defendant would be entitled to information regarding your claimed injuries in the 2007 matter. It is unusual to demand discovery responses in a prior litigation, especially one that is six years old. It seems too remote. However, discovery is very broad.

    If you have filed a lawsuit, you should ask your attorney, or seek legal advice. If you have not, they have no right to obtain that information

    This response is a general response and not intended to be specific to the individual or entity asking the question. This response is not legal advice and is based on California law only. This response does not constitute an attorney-client relationship in anyway and the content of the response should be confirmed with a licensed attorney who can review the specific facts and circumstances. There are statute of limitations that apply to every circumstance which terminate the right to bring a lawsuit to enforce rights. You should check with an attorney of your choosing to preserve those rights. All of Avvo's terms and conditions of use, specifically item 9, are incorporated herein by this reference

  2. They can ask for medical records and/or the names of your health care providers that provided treatment to you for injuries you sustained in the 2007 PI case that are also at issue in this action, if that is your question.

    This information is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such information is intended for general informational purposes only.

  3. Your lawyer should know how to handle this. You do have an attorney; don't you? Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  4. Yes. The information is relevant to their defenses and not private or privileged.

  5. Yes but you should discuss this with your attorney.

  6. The fact that you are asking this question indicates that you are over your head and are handling this matter without an attorney. You may think that by doing this yourself that you are saving money, but the fact is that there are many places that your case can be undermined by experienced defense attorneys and this is only the tip of the iceberg. This is especially true if you have had prior similar injuries. This is field day time for the defense. Do yourself a favor and immediately consult with an experienced plaintiff's attorney before it is too late, if it isn't already.

  7. A good lawyer would know what is relevant and what is not...retain one

  8. Agree with previous answers. It sounds as though you do not have a lawyer. Discovery matters can get complicated. Mistakes you might make in the discovery process can seriously impact your case once/if it goes as far as a jury trial. I would highly dissuade you from conducting discovery without an attorney representing you.

  9. They are entitled to anything that is relevant or may potentially lead to relevant evidence. I can't imagine how that would not include discovery responses from a personal injury lawsuit involving similar parts of your body from a few years ago.

    As the other responders have noted, you are doing yourself a tremendous disservice if you are attempting to pursue this matter on your own. As the old saying goes, "A man who represents himself has a fool for a client."

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

  10. Unfortunately, they are entitled subject to certain objections and availability of the documents. The discovery is relevant to your current injuries.

    No attorney-client or confidential relationship is created through this communication. Answers to questions are for educational purposes only. You may not rely on this communication as legal opinion. Rather, it is a very broad overview of general legal principals. All facts and circumstances have not been fully examined and different or more nuanced legal principles may apply. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

  11. The answer is YES. The defense can request this information when they are performing their discovery.

  12. Yes. If you are in a lawsuit, they are entitled to ask questions and demand production of documents. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

  13. Answering interrogatories and responding to requests for production of documents raises issues not of relevance but rather what could lead to admissible evidence.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

  14. This is a very good question. The answer is, yes, if the discovery responses are relevant to the instant matter.

  15. If the 2007 suit involved the same areas of your body you're claiming in this current action, it's likely to be discoverable. If you're currently alleging, for example, an eye injury but the 2007 case involved a broken foot, I'd think it's less discoverable. The defendant is entitled to do due diligence, though. Your attorney should know how to handle it.

  16. The general answer to your question is YES - but you need to consult an attorney before answering to make sure it is relevant information & not remote.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

  17. Yes. The rules of discovery are very broad. Defendants, as well as plaintiffs, are given wide latitude in the information they can request in litigation. Your attorney can advise you on what is permitted.

  18. Yes, but only if the injuries in the prior accident involve the same body parts. The reason the information is available to the lawyers in your current lawsuit is to allow an evaluation of whether your injuries are pre-existing. If some of the injuries in the previous claim involve different body parts, this information should be redacted.

    Please be advised that my responses to questions on Avvo are meant for informational purposes ONLY and do not create any type of attorney-client relationship or preserve any rights and statutes relating to the individual claim.

  19. The Rule simply stated: "Is the item sought reasonably calculated to lead to admissible evidence?" If it is not remote (more than 10 years), related (same body parts or complaints) and available (in your possession or control), it is discoverable. If you are still holding on to your old discovery answers, they will have to be produced. Even if you no longer possess them, a resourceful defense attorney can subpoena then from the attorney who originally demanded them in 2007 and who almost certainly stored them digitally.

    It is always best to consult a skilled attorney; one who not only has the answers but who knows the questions that need to be asked.

  20. In addition to the responses I viewed, I'd add that relevant prior discovery responses could save everyone time and money in you current case.

  21. Yes. They are entitled to the responses, the medical records from the earlier accident. They can also ask who your attorney was and how much of a recovery you received in the earlier case. Only psyche records from the earlier cases would have a strong presumption of being privileged.

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