When there is a legal conflict between parties, it is often settled through civil litigation. Civil litigation can involve financial, business, and accident liability conflicts. At Shapiro, Washburn & Sharp, our legal team focuses entirely on personal injury law and helping victims and their families get the financial compensation they are entitled to under the law.
The personal injury legal process can often be complex for people who are not familiar with all the elements involved. Legal terms, filing requirements, and other rules often require the expertise of a Virginia Beach personal injury lawyer. In any personal injury action, there is a plaintiff (the victim) and a defendant (the party or parties who allegedly caused the incident that injured the victim).
Once the plaintiff’s attorney has determined the dollar value of all the losses their injuries have caused the plaintiff and notified the defendant’s insurance company of that amount, both sides will enter into negotiations to try to come to a settlement agreement. If no agreement can be reached, the plaintiff’s attorney will file a complaint with the court.
This complaint must provide details about the incident that caused their injuries, the actions of the defendant that caused the incident, and the losses the plaintiff has suffered because of the injuries. Once the defendant is notified of the plaintiff’s complaint, they must file a response as to whether or not they object to the plaintiff’s allegations.
Request for Production
The next step of a personal injury lawsuit is the discovery process. Both sides will gather and exchange evidence and other information about the case. For example, if the plaintiff is claiming medical expenses for their injuries, they will provide the defendant with medical documentation and medical bills for treatment of those injuries. Some legal tools attorneys can use for the discovery phase include interrogatories, depositions, and subpoenas.
One crucial step in the discovery process is the request for production. A request for production is a written document prepared by the party’s attorney. It consists of a series of specific requests for the production of documents,
The requests in a request for production can cover a wide range of materials, including:
- Medical records: Requests may seek copies of medical records related to the injuries suffered, including hospital records, doctor’s reports, diagnostic tests, and treatment plans.
- Employment records: Requests may ask for employment records, such as pay stubs, tax returns, and employment contracts, to assess lost wages or potential loss of earning capacity.
- Insurance documents: Requests may seek insurance policies, coverage information, and correspondence with insurance companies related to the personal injury claim.
- Incident-related evidence: Requests may ask for photographs, videos, or other visual evidence of the accident scene, damaged property, or injuries sustained.
- Witness statements: Requests may seek witness statements or interviews conducted by the opposing party or their representatives.
- Relevant contracts or agreements: Requests may ask for contracts, agreements, or other documents that may be pertinent to the personal injury claim.
Timing and Responses
Once the request for production is served, the opposing party typically has a specific period of time (usually 30 days) to provide the requested documents or objects. This allows the responding party to gather and organize the requested materials for inspection and production.
The party receiving the request for production can raise objections to certain requests if they believe they are irrelevant, overly burdensome, or protected by a legal privilege. Common objections include attorney-client privilege, work-product privilege, or objections based on the scope of the request.
The documents and items obtained through a request for production are crucial in building and supporting the case. They can be used during settlement negotiations, to prepare legal arguments, to challenge or support claims, or as evidence during trial.
Call Our Personal Injury Law Firm for Legal Assistance
It is important to consult with an experienced Virginia Beach personal injury attorney when responding to a request for production to ensure compliance with legal requirements and to provide accurate and appropriate responses. Your attorney can help formulate effective requests for production or navigate the process, maximizing the effectiveness of this important discovery tool in a personal injury claim.
Having a dedicated attorney advocating for you right from the beginning of your case can make all the difference in a successful outcome. Contact Shapiro, Washburn & Sharp to schedule a free case evaluation and find out what legal recourse you may have for the losses you have suffered. We are committed to getting our clients the financial compensation they are entitled to, as evidenced by the more than $100 million in settlements and verdicts our firm has obtained.