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?
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
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.
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."
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.
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.
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.
Answering interrogatories and responding to requests for production of documents raises issues not of relevance but rather what could lead to admissible evidence. Here's why the answer to your discovery issue is yes: BLUE LINK BELOW Read the section on "How Far Can Discovery Go?"
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.
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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