Defending against a personal injury lawsuit in civil court
This is a general defense strategy. Please discuss your specific case with your attorney. There are many tools available to help you investigate and gather evidence to support your position.
Early and OftenIts important to get the alleged facts and the alleged negligence, as claimed by the plaintiff, in writing as soon as possible. Generally, this includes sending discovery demands with your Answer. Then, on the day the discovery is due, I follow up with a good faith letter. Ten days later, I send a final good faith warning. Ten days later, I file a Motion.
There is no need to wait. The sooner you know the allegations, the sooner you can craft your defenses against same. Also, the sooner you can ask for additional discovery/evidence - which will be beneficial to your case. Framing the litigation from the begining of the case is crucial.
ThoroughIts so important to be thorough. Sending our form questions and demands for documents simply isnt good enough. You must craft each request carefully to try to ellicit answers and documents which support your defenses (which should be planned because you received plaintiff's discovery early).
Every avenue should be considered. Courts generally let you request material and answers that may not be allowed at trial, but certainly may be permitted during discovery. Use this leeway to seek information and documentation regarding possible prior or subsequent motor vehicle accidents, lawsuits, employment records, insurance records, primary care physician records, pharmacy records, and any/all other material which may support your defense. Just because an attorney tells you that there aren*t any records, doesnt mean you're not entitiled to independently search. Use that right and do it. Get the authorizations from the plaintiff and request the records. You may be shocked at what you find.