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If a fair settlement cannot be reached during negotiations with insurance companies, pursuing a lawsuit and potentially proceeding to trial becomes necessary to resolve a claim. Sometimes this process goes smoothly. Other times, issues can occur regarding cooperation from insurers and adherence to the discovery rules that allow your attorney to investigate your claim.
This costs you time and money. Our personal injury law firm handles this process in response to these discovery violations. We were recently able to seek an award of attorneys’ fees following a large company’s failure to comply with the required rules of discovery.
Why Wal-Mart Must Pay Attorneys’ Fees To Our Client
Once a lawsuit is filed, the parties engage in the discovery process. This is a formal investigation process. The attorneys may depose witnesses or request documents. They can also submit formal written questions that the other party is required to answer. If the answers are evasive, incomplete, or vague, your attorney can request complete answers.
This is what happened in one of our recent injury cases. After submitting written interrogatories, the defense attorney submitted incomplete answers and refused to provide more information. We brought this issue to the judge and requested that he order the defendant to provide complete answers.
Not only did the judge order the defendant to do so, but the defendant was also ordered to pay our attorney’s fees for the time spent dealing with the defense attorney’s discovery violations. This sent an important message to the client. Despite being a large corporation, Wal-Mart was unable to escape its obligations to engage in fair discovery.
Other Discovery Sanctions That Are Available In Civil Litigation
Attorney’s fees are not the only sanction that is available for violations of the discovery rules. You may also incur additional costs associated with the violation. If, for example, your attorney had to hire a private investigator to find that documents did exist when the defendant claims they didn’t, this would be an expense that was directly caused by their discovery violation.
It may also be possible to seek a court order requiring the defendant to reimburse you for this fee. Court costs, administrative fees, and other expenses that you can establish are also reimbursable through an award for discovery sanctions. Not all discovery sanctions are monetary. Sometimes, the sanction is to preclude evidence from being used or to prevent a defendant from making a certain argument at trial.
For example, suppose that the defendant’s attorney tried to say that your injuries were the result of a previous accident and not their client’s negligence. But they refuse to answer any discovery requests related to this issue. When your attorney brings the issue to a judge, the judge can order the defense attorney not to raise that issue at trial, since they would not provide discovery on the issue.
Specific evidence, such as a medical record, could also be prevented from being introduced as evidence at the trial. While these types of sanctions do not have an immediate financial benefit, they do help your attorney with his or her strategy at trial. Without critical evidence or a key defense, the defendant’s case could be much weaker.
The Legal Rights Your Lawyer Will Protect During The Discovery Process
Some injury victims think that they only have the right to negotiate a settlement or take the case to trial. But you also have important legal rights throughout the discovery process. You have the right to ask questions and request documents. Your attorney has the right to depose witnesses.
There are formal rules that govern exactly how a defendant must respond to these requests – and what penalties are available against defendants who ignore discovery requests. These rules protect your legal right to investigate your claim. They also protect your right to refute any claims the defendant might make to avoid liability.
If, for example, the defendant claims that someone else was at fault for a car accident, you have the right to know about this defense and learn what witnesses and evidence the attorney intends to use to establish it. The rules of discovery are very specific. It takes an experienced litigator to know how the rules apply, what sanctions are available, and how to make a compelling argument for discovery sanctions to a judge.
This is how our accident attorneys were able to pursue attorneys’ fees against Wal-Mart and its lawyers. We fought hard to protect our client’s right to a fair discovery process, and we won. This is how we handle every legal issue that jeopardizes your legal rights throughout the injury case process. Please note that past results don’t guarantee similar outcomes in future cases.
Experienced Litigators For California Accident Cases
If you have been injured due to someone else’s negligence, you may have the right to pursue compensation for your injuries and losses. However, large companies, as for-profit businesses, often employ attorneys to help protect their interests, which can sometimes clash with your legal rights. This is why it is important to have an experienced personal injury lawyer advocating for you every step of the way.
Consider hiring our accident attorneys at Arash Law, as they can help you during settlement negotiations, when filing a lawsuit, throughout the discovery process, at trial, and even on appeal when necessary.
Furthermore, we serve clients in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California. Call (888) 488-1391 to schedule your free initial consultation.
