Personal Injury Law -Document Requests

Documents of all types may be considered evidence in personal injury cases. Most states allow litigants to obtain copies of relevant documents so they can prepare their case for trial. Examples include employment records and wage verifications. Personal injury lawyers may try to use past medical records of the plaintiff to prove that a “prior” and “unrelated” accident was the substantial cause of the plaintiff’s injury.

Most courts allow the parties to serve Request for Production of Documents and things including photographs and anything physical within the possession of a party of his attorney.

This has the same force and effect as a subpoena, so any action to obstruct the process or misrepresent the existence of such evidence (such as hiding documents) can result in additional causes of actions against you under the law of contempt and obstruction of justice. This is called spoliation of evidence and is a form of obstruction of justice. Both carry serious penalties. Therefore it is NEVER wise to lie or conceal documents or evidence of any kind in litigation.

 

 

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