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

Asked about 1 year ago - 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. David Lee Fiol

    Contributor Level 17

    25

    Lawyers agree

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

  2. Michael Paul Ribons

    Contributor Level 6

    18

    Lawyers agree

    Answered . 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... more
  3. Mariam Mary Margaryan

    Contributor Level 15

    18

    Lawyers agree

    Answered . 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... more
  4. C. Donald Briggs III

    Pro

    Contributor Level 20

    17

    Lawyers agree

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

  5. David Ian Schoen

    Pro

    Contributor Level 20

    17

    Lawyers agree

    Answered . 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.

  6. Jeffrey Mark Adams

    Contributor Level 20

    15

    Lawyers agree

    Answered . 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... more
  7. Peter Marion Steinberg

    Pro

    Contributor Level 7

    10

    Lawyers agree

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

  8. Patrick John Phillips

    Contributor Level 17

    9

    Lawyers agree

    Answered . 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."

    http://www.johnphillipslaw.com

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not... more
  9. Samuel George Stamas

    Contributor Level 9

    9

    Lawyers agree

    Answered . 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... more
  10. Christopher John Gansen

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . 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.

  11. Christian K. Lassen II

    Pro

    Contributor Level 20

    10

    Lawyers agree

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

  12. Arman Michael Deganian

    Contributor Level 3

    10

    Lawyers agree

    Answered . 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.

  13. John Eugene Kelly

    Contributor Level 8

    10

    Lawyers agree

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

  14. Manuel Alzamora Juarez

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  15. John Norman Frye

    Contributor Level 6

    7

    Lawyers agree

    Answered . 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... more
  16. Andrew Daniel Myers

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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?"

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  17. Nathan Dale Williams

    Pro

    Contributor Level 3

    8

    Lawyers agree

    Answered . 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. Michael R Crosner

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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 .... more
  19. Arthur Richard Liberty

    Contributor Level 3

    4

    Lawyers agree

    Answered . 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... more
  20. Robert Andrew Michael Burns

    Contributor Level 17

    4

    Lawyers agree

    Answered . 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. Brett Cole Peterson

    Contributor Level 5

    4

    Lawyers agree

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,264 answers this week

3,140 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,264 answers this week

3,140 attorneys answering