Discovery | AUGUSTINE.law

Initial Client Discovery

At the beginning a lawsuit, the defense (insurance company/defendant's lawyer) will send questions to answer regarding you and your injuries. This process is called written discovery. Written discovery questions must be answered within a certain timeframe, usually 35 days, but extensions are common. Please answer the following questions which will help us answer the written discovery. This is one of the most important parts of your case. If you do not know the answer to a question, leave it blank. Most clients may not remember their entire medical history, which is fine. We will have a follow-up meeting in-person, over the phone, or virtually to go over things in more detail for signing. *Note that the word "INCIDENT" as used below means the vehicle collision, dog bite, slip and fall, or sexual assault that gives rise to the lawsuit.

2.0 GENERAL BACKGROUND INFORMATION - 2.1 (a) State your full name;

2.1 (b) every name you have used in the past;

2.1 (c) the dates you used each name.

2.2 State you date and place of birth.

2.3 At the time of your INCIDENT, did you have a driver's license? If so, state: (a) the state, (b) license number, (c) date of issuance, and (d) all restrictions. Also upload a copy of the front and back of your driver's license.

File

Max. file size: 100 MB.

2.4 At the time of the INCIDENT, did you have any other permit or license for the operation of a motor vehicle? If so, state: (a) the state, (b) license number, (c) date of issuance, and (d) all restrictions.

2.5 (a) State your present residence address;

2.5 (b) your residence address for the past five years;

2.5 (c) the dates you lived at each address.

(If you lived at the same address for the last five years, leave this blank.)

2.6 (a) State the name, address, and telephone number of your present employer or place of self employment;

2.6 (b) and the name, address, dates of employment, job title, and nature of work for each employer or self-employment you have had from five years before the INCIDENT until today.

2.7 (a) State the name and address of each school or other vocational institution you have attended, beginning with high school;

2.7 (b) the dates of attendance;

2.7 (c) the highest grade level you have completed;

2.7 (d) and the court and case number.

2.8 (a) If you have ever been convicted of a felony, state the city and state where you were convicted;

2.8 (b) the date of the conviction;

2.8 (c) the offense;

2.8 (d) the court and case number.

2.9 Can you speak English with ease?

2.10 Can you read and write English with ease?

2.11 At the time of the INCIDENT were you acting as the agent or employee of any person? If so, state the name, address, and telephone number of that person.

(A "person" includes a business and/or non-human entity.)

2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability?

2.13 Within 24 hours before the INCIDENT did you or any person involved in the INCIDENT use or take any substances?

4.0 INSURANCE - 4.1 At the time of the incident, was there in effect any policy of insurance through which you were or might be insured? If so, state the name of the insurance company, the policy number, and upload a copy of the Declarations Page.

(The "Declarations Page" is a document that has all the coverage information, including insurance limits. You can get this document by logging in to your policy online.)

File

Max. file size: 100 MB.

4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the incident? If so, state the statute.

(This answer is usually "no" as it is rare to be self-insured.)

6.0 PHYSICAL, MENTAL, OR EMOTIONAL INJURIES - 6.1 Do you attribute any physical, mental, or emotional injuries to the incident?

6.2 Identify each injury you attribute to the incident and the area of your body affected.

6.3 Do you still have any complaints that you attribute to the incident?

6.4 Did you receive any consultation or examination?

6.5 Have you taken any medication, prescribed or not, as a result of injuries that you attribute to the incident?

6.6 Are there any other medical services necessitated by the injuries that you attribute to the incident?

6.7 Has any health care provider advised that you may require future or additional treatment for any injuries that you attribute to the incident?

7.0 PROPERTY DAMAGE - 7.1 Do you attribute any loss of or damage to a vehicle or other property to the incident?

7.2 Has a written estimate or evaluation been made for any item of property referred to in your answer to the preceding interrogatory?

7.3 Has any item of property referred to in your answer to interrogatory 7.1 been repaired?

8.0 LOSS OF INCOME OR EARNING CAPACITY - 8.1 Do you attribute any loss of income or earning capacity to the incident?

8.2 State: the nature of your work; your job title at the time of the incident; and the date your employment began.

8.3 State the last date before the incident that you worked for compensation.

8.4 State your monthly income at the time of the incident and how the amount was calculated.

8.5 State the date you returned to work at each place of employment following the incident.

8.6 State the dates you did not work and for which you lost income as a result of the incident.

8.7 State the total income you have lost to date as a result of the incident and how the amount was calculated.

8.8 Will you lose income in the future as a result of the incident?

9.0 OTHER DAMAGES - 9.1 Are there any other damages that you attribute to the incident?

9.2 Do any documents support the existence or amount of any item of damages claimed in interrogatory 9.1?

10. MEDICAL HISTORY 10.1 At any time before the incident did you have com-plaints or injuries that involved the same part of your body claimed to have been injured in the incident?

10.2 List all physical, mental, and emotional disabilities you had immediately before the incident.

10.3 At any time after the incident, did you sustain injuries of the kind for which you are now claiming damages?

11.0 OTHER CLAIMS AND PREVIOUS CLAIMS - 11.1 Except for this action, in the past 10 years have you filed an action or made a written claim or demand for compensation for your personal injuries?

11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits?

12.0 INVESTIGATION - GENERAL - 12.1 State the name, address, and telephone number of each individua who: (a) witnessed the incident, (b) made a statement at the scene, (c) heard any statements made about the INCIDENT, and (d) claims to have knowledge of the INCIDENT.

12.2 Have you or anyone acting on your behalf interviewed any individual concerning the incident?

12.3 Have you or anyone acting on your behalf obtained a written or recorded statement from any individual concerning the incident?

12.4 Do you or anyone acting on your behalf know of any photographs, films, or videotapes depicting any place, object, or individual concerning the incident or plaintiff's injuries?

12.5 Do you or anyone acting on your behalf know of any diagram, reproduction, or model of any place or thing concerning this INCIDENT?

12.6 Was a report made by any person concerning the incident?

12.7 Have you or anyone acting on your behalf inspected the scene of the incident?

13.0 INVESTIGATION – SURVEILLANCE - 13.1 Have you or anyone acting on your behalf conducted any surveillance on any person involved with this INCIDENT?

13.2 Has a written report been prepared on surveillance?

14.0 STATUTORY OR REGULATORY VIOLATIONS - 14.1 Do you or anyone acting on your behalf believe that any person involved in the INCIDENT violated the law?

14.2 Was any person cited or charged with violating the law?

20. HOW THE INCIDENT OCCURRED - MOTOR VEHICLE - 20.1 State the date, time, and place of the incident (closest street address or intersection).

20.2 Please provide the make, model, license plate number, and owner of each vehicle involved in the INCIDENT.

20.3 State the address and location where your trip began and the address and location of your destination.

20.4 Describe the route that you followed from the beginning of your trip to the location of the incident.

20.5 State the name of the street or roadway.

20.6 Did the incident occur at an intersection?

20.7 Was there a traffic signal facing you at the time of the incident?

20.8 State how the incident occurred.

20.9 Do you have information that a malfunction or defect in a vehicle caused the incident?

20.10 Do you have information that any malfunction or defect in a vehicle contributed to the injuries sustained in the incident?

20.11 State the name, address, and telephone number of each owner and each person.

Pictures of the scene at the time of the INCIDENT.

Max. file size: 100 MB.

(For example, vehicle damage, bite marks for a dog bite, and etc.)

Medical Records

Max. file size: 100 MB.

(Only provide medical records if Mr. Augustine has specifically requested you to do so.)

Pictures of your injuries.

Max. file size: 100 MB.

(For example, bruising, scars, and etc.)

Documents showing lost wages and time off work.

Max. file size: 100 MB.

(For example, paystubs, time-off slips, and etc.)

Any other documents responsive to the questions above.

Max. file size: 100 MB.

(Any other miscellaneous documents.)