PI litigation process and discovery

lolome

Is it common practice in personal injury litigation to supply the defence with the plaintiffs GP records before the defendants lodged their defence, or should this be done during discovery?

If not, then what are the reasons/pitfalls in doing so and not doing so ?

Thanks,
me.

kennM

lolome wrote: »

Is it common practice in personal injury litigation to supply the defence with the plaintiffs GP records before the defendants lodged their defence, or should this be done during discovery?

If not, then what are the reasons/pitfalls in doing so and not doing so ?

Thanks,
me.

The defense are fishing... is there anything in medical history that could have contributed to the accident (contributory negligence play perhaps), they are seeing if any symptoms/pain/long term issues could have their roots prior to the accident (Minimize/down play the level of damages associated to accident)....

Solicitor will be best positioned to advise on this...

You can be sure they aren't doing it to help the plaintiffs case, take legal advice on this.

drkpower

Its common practice for discovery to me made after pladings close. But there is no rule to that effect. And there is supreme court cases that say the opposite. In certain cases, its apppropriate to make discovery before pleadings close.