The courts in Buffalo can be very busy places. Because of court congestion, the government has taken steps to ensure that only cases worthy of trial actually go to trial.
With personal injury cases, one way of making sure that only cases involving legitimate issues go to trial is to let both sides see most of the evidence prior to going to court. Once your case has been officially filed with the court, it will enter into what is usually called the “discovery” phase.” At this time, both sides will request information from the other party to see how strong the case is.
Items typically requested include medical records, employment records, insurance information, photographs of the accident scene and injuries, and the names and addresses of any witnesses. Your lawyer will also be asked to clarify what injuries you suffered and provide information regarding how the accident occurred. In addition to providing information to the defense, your lawyer will request information from them that is relevant to how to accident occurred.
If one party requests information that the other party does not believe it needs to provide, the court may be asked to intervene. When this occurs, the court will schedule a conference to determine whether the requested information is necessary for the case. If it is found necessary, the court will then order the disclosure of this information to the other party.
Allowing both parties to see as much of the evidence as possible may allow them to better evaluate the quality of the case and possibility reach an agreement on its value prior to trial.
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