Legal Question in Personal Injury in Virginia
being sued for auto personal injury
I'm being sued for rear-ending someone in a
multi-car collision caused by someone making an
illegal turn. The plaintiff wants restitution for car
rental and personal injury. The person seemed
fine after the accident and is suing for a relatively
low amount that I'm very suspicious about the
validity of the personal injury claim. What
information documenting those claims, if any can
I or my insurance company request from the
plaintiff before the trial? Thanks
2 Answers from Attorneys
Re: being sued for auto personal injury
You or your insurance company's attorney can issue to the plaintiff a request for discovery of
all medical records relating to the claimed injury.
The plaintiff must respond to the request within
a given time period or face possible sanctions by the court.
Re: being sued for auto personal injury
Your insurance company will appoint you counsel who is quite experienced in defending these cases - just make sure you forward the papers immediately and make sure they get you a lawyer quickly so you do not default. The lawyer will be able to demand production of all relevant documents and information, including all medical records and bills and will be able to question both the plaintiff and his doctors under oath before trial.
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