Parties often dispute liability in cases arising out of car accidents. As such, information demonstrating the extent of the damage to the cars involved can help to show how the accident occurred and to prove that the collision produced sufficient force to bring about the plaintiff’s reported injuries. If a defendant refuses to share such pictures of his or her vehicle after the accident, though, it may unjustly impact the plaintiff’s ability to prove its claims. Recently, a Florida court discussed what information is discoverable in a car accident case in which the defendant argued work-product privilege protected him from having to disclose certain photographs. If you were involved in a car crash, it is smart to meet with a trusted Florida car accident lawyer about your potential claims.
The History of the Case
It is reported that the plaintiff and defendant were involved in a crash that caused the plaintiff to sustain injuries to her back and neck. The plaintiff subsequently filed a federal lawsuit against the defendant, asserting that his negligence caused the crash and her consequential harm. During the discovery phase of the case, the plaintiff sent the defendant multiple requests for the production of documents, in which she sought photographs of the automobiles involved in the accident.
Allegedly, the defendant provided some pictures but objected to the requests as seeking information that was protected by the work-product privilege. The plaintiff then moved for the court to overrule the defendant’s objections. Continue reading ›