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A deposition is yet another discovery tool used by a plaintiff's West Palm Beach car accident attorney to gather information which my be helpful in settlement negotiations or at trial. In a deposition, the plaintiff's attorney ask one of the defense witnesses or some other person relevant to the case, a series of questions under oath. These depositions are typically transcribed by a court reporter so that they may be used at trial to impeach a witness or damage their credibility on the witness stand. The rules of evidence are more lenient; therefore, the attorney can ask questions that he/she might not otherwise be able to in court. The insurance company is entitled to have the the plaintiff evaluated by their own doctor. This process is called an independent medical examination. Some of the questions your attorney might ask the IME doctor at a deposition might include: background, board certification, specialty, surgeries, how many IME's performed, what percentage for Plaintiff and Defendant, how much charge for IMW, how much time spent with patient, was a report generated, who wrote the report, conclusions based on report, etc.
Interrogatories are another tool used by attorneys to gather evidence. Interrogatories are questions to the other party that must be answered or explained under oath and the number you may direct to the other party are usually limited by the rules of procedure unless you get permission from the court to exceed that number. A plaintiff in a West Palm Beach car accident case, might ask the defendant some of the following questions: name, address,type of car own, make model, year, mileage, money paid for the car, whether it was inspected, what damage occurred to the car during the accident, estimates or repairs to the car, compensation for injuries, identification of expert witnesses to testify for the defendant at trial. A skilled West Palm Beach car accident lawyer will know which questions to ask the defendant in your case to narrow the issues for trial and attempt to lock the defendant into their answers at trial.
A Request for Admissions is a discovery tool used by attorneys to gather evidence and narrow the focus and issues in a trial. A Request for Admissions may ask the defendant to authenticate certain documents or to admit to the truthfulness of certain statements. You might ask the defendant to admit to the police report or whether he owned the vehicle which caused the crash or whether he had permission to use the vehicle. Your West Palm Beach car accident lawyer will determine whether this particular discovery tool will be useful in your case.