Expert: Doctor Settlement - 11/11/2008

Question
I had a slip and fall accident on some untreated ice in 2005. I fractured my fibula just above the ankle joint and ruptured a ligament on the inside of my ankle. I required 3 surgeries to correct the damage to the fibula and the ligament needed to be surgically repaired. The hazard was present for 3 days and left uncorrected or untreated. I have a suit against the property owner and his snow removal company. I was deposed, during the deposition one of the lawyers alluded to having someone that states I made a statement to them that contradicts my recolection of the chain of events that led up to my fall. If they have a statement from anyone or myself, verbal, written, or recorded, would they have had to devulge that information already? If I specifically request through my lawyer that they provide any evidence or statements that support the contradiction do they have to provide that when requested if they have any? I am curious as to who is saying what. I don't recall having any coversations with anyone that would support their claim and want the oppertunity to investigate the validity of the claim, sooner that later.

Answer
Hi Ed,

It is not unusual for a claimant to forget that he gave a statement.  There is a lot of stress following an accident and sometimes we forget what happened three years ago.  Don't worry: if you gave a statement, your attorney will get a copy of it.

Yes, in each state the rules for what we call "discovery" require a party to answer questions that are sent in writing, which we call "interrogatories".  Yes, they MUST answer accurately, or there can be severe sanctions imposed by the court.

In this case, you state that your attorney has asked the defendant to produce any and all copies of statements you gave, whether in writing or orally.  So, if they do have such a statement, then they will furnish it to your attorney.  

If they answer that they do not have any such statement, then you can be assured that they do not.  Or at least that they are not going to use it in any way in your trial.  

You need not worry about FINDING the statement: if it exists, then your attorney will get a copy of it.  BUT if the statement DOES exist, then you will want to get a copy ASAP to review with your attorney.  Again, there is not a lot to worry about since you have told the truth.  Yes, my clients often said things right after the accident that we regretted later on.  But there usually is a way to explain what the client said right after the accident.  

I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com