Examination for Discovery

An examination for discovery is when the lawyer for the at-fault driver gets a chance to meet with you and ask you questions about how the accident happened, what your injuries were, how they’ve affected your life, and what your life was like before.

Why is a discovery needed?

Up until that point, the lawyer who is representing the at-fault driver has never had the chance to actually meet you. They’ve never had a chance to talk to you. Defence lawyers need to make a discovery because they want to assess your credibility. They want to ask one question to themselves, which is, “Will a jury like you? Will a jury believe you?”

What preparation is involved?

When I prepare my clients for an examination for discovery, we usually meet a day or two ahead. I will spend an afternoon with you going through all the evidence. I take you through a set of typical questions that I expect the defence will answer, and we talk about the best way for you to phrase the questions and the answers.

What is your advice heading into a discovery?

Every client comes into an examination for discovery nervous. The first piece of advice is don’t be nervous. The second piece of advice I give my clients – don’t be a superhero. You’re not there to prove your point, you’re there to protect your case. You approach it as if its your shield, not a sword.