Any Advice for Upcoming Discovery Session


#1

As the topic headline reads I am scheduled for a session with the legal team of the insurance company very soon.
If you have any advice on what to expect or some stories of your own to share I would appreciate it.
Being well prepared would help alleviate any anxiety issues.
If you can pass along information about what to expect after the discovery session is over it to may help dealing with the unknown.
Thanks
D


#2

Hi, your lawyers should prepare you for this and explain what to expect. Discovery examinations are a standard part of any disability claim lawsuit. They take place in a boardroom and are less formal than being in court. The only people present are you, your lawyer, the other lawyer, possibly and insurance co rep and a person who records the session for the court.

You should be prepared to speak about your current life situation, education history, work history, any struggles with work leading up to the date you stopped working. Every case has unique issues that are important and your lawyers will usually identify these for you and help you understand the issue so you can give thorough answers.

It is not a test of memory, rather it is a chance for the other side to learn more about your situation and to get your side of the story. It is very important for them to meet you because often a person can look fine “on paper” but it is clear when you meet them that they have legitimate disability.

I cannot stress enough how important it is for you to remain calm and not use sarcasm, not be combative, or as rhetorical questions back to the lawyer, etc. This is not the time for you to vent your frustration with the process or the insurance company. In addition to getting answers to your questions they are evaluating how likeable a witness you would be at court.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


#3

Your Golden David.
I did have a chat and reviewed a document that he sent outlining the scenario.I just like to see if there are patterns or questions that are being used as a tactic to stress out plaintiffs. Unfortunately I have been through one 20 years and a different life ago.The lawyers were brutal and relentless.If I would have been in the room when the went after my wife I know that I would have taken actions…
Preparation is always a good thing
Thanks again Dwayne

David_Brannen Disability Lawyer, Resolute Legal
January 18 |

Hi, your lawyers should prepare you for this and explain what to expect. Discovery examinations are a standard part of any disability claim lawsuit. They take place in a boardroom and are less formal than being in court. The only people present are you, your lawyer, the other lawyer, possibly and insurance co rep and a person who records the session for the court.

You should be prepared to speak about your current life situation, education history, work history, any struggles with work leading up to the date you stopped working. Every case has unique issues that are important and your lawyers will usually identify these for you and help you understand the issue so you can give thorough answers.

It is not a test of memory, rather it is a chance for the other side to learn more about your situation and to get your side of the story. It is very important for them to meet you because often a person can look fine “on paper” but it is clear when you meet them that they have legitimate disability.

I cannot stress enough how important it is for you to remain calm and not use sarcasm, not be combative, or as rhetorical questions back to the lawyer, etc. This is not the time for you to vent your frustration with the process or the insurance company. In addition to getting answers to your questions they are evaluating how likeable a witness you would be at court.

David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.

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#4

This is excellent advice. I have been for a full 8 hours of examination and the opposing lawyer was really not too bad in asking questions. I went in and only answered the questions asked. If the question confused me or was not clear what was being asked I said so very politely.

Your documents will be at the questioning (likely) which can be a great help in pointing out dates, treatments and such.

I noticed the lawyer when he wanted me to agree with him he would nod his head as a ploy to try to sway my answer.

He did at one point start shouting and starting to rapidly ask questions. I simply asked him to please not raise his voice at me and to slow the pace. That did stop that behavior.

Get a good sleep the days leading up to and review your medical history and symptoms.
Truth has a tone and the truth is on your side. I went in with a helpful attitude and often with my hands positioned on the table with palms up. It’s a universal way of seeking cooperation. I looked sad because I was.

A few times we would go off the record and then back on. I kept it together until I got home and then cried up a storm. In the end I know I did ok because they did not evener bother ordering the transcripts.

But being female this is how I handled the day. Being male the dynamics maybe different.
The power of a handshake https://www.youtube.com/watch?v=ZZZ7k8cMA-4


#5

8 hours whow you are a soldier girl.
Thanks for your heads up.
Thank you David for your insight as well.
Much appreciated.
All this and it will still be a year maybe two or three before I get this resolved.
I will post back on the highlights of the inquisition opps discovery… my bad
D


#6

Well I did my diligence to follow David’s advice… but it was very difficult at times.
Having to repeatedly request that the lawyer stay on one subject and one timeline at a time I just got to the point where I sat quiet for as long as it took for me to clearly remember what I was asked. The lawyer was getting frustrated but I just flipped back on my notes and pointed out that I had issues with the barrage of questions of different years and venues.
When my back started flaring up I had to stand up move around and take breaks.
After a few hours I asked how much longer we were going to be. That is when the lawyer let out a bit of gerr in the response, If we do not finish today we will have to comeback another day. I said that I could go another half hour but that was it so the lawyer would have to decide if he wanted to come back and have another session.
We did make it in one session so I did not have to have any more torture.
I find it amazing how invasive the interrogation gets. I was insulted and having to remember not to reply in kind to the harassment questions.
With out getting into any details I was appalled when I was asked" why I have not used this or that medication, this or that therapy, this or that treatment"… of course I would not get the questions in sequence they would come at any time with out any preparation or introduction.
The tone and the type of the questioning left me with the feeling of, "How dare you try to have a hobby, How dare you try to go out and enjoy yourself ."
Sorry David but I can see that Shakespeare may have had a good notion when he shared his love of lawyers…

Now the wait for the pretrial , and then trial which from the attitude of the inquisition/discovery will be brutal. All because I agreed to pay for an insurance policy to protect me in case I may not be able to be able to work.


#7

The true value in an Insurance contract is that it gives you the right to sue.
So glad you warrior-ed through and good tip on setting a timeline on how much longer and tossing the decision back on to opposing counsel if he wanted to schedule another day. His clients would love to pay more legal fees.
Good move.
You are right that the questions go all over the place time wise and topic.

In Canada money rules the path to justice. In poorer countries it is guns.

edit; the above is just a thought but no way a threat. I am a true polite Canadian who has never owned nor fired a gun.