Let me tell you something that might surprise you – when you’re dealing with a dog bite case, the insurance company isn’t just going to take your word for what happened and cut you a check. I really wish it worked that way, but it doesn’t.
Instead, they’re going to dig into every little detail of your case through something called the discovery process. And I mean really dig. We’re talking about them asking for everything from your medical records going back years to your social media posts from last Tuesday. Yep, seriously.
If you’ve been bitten by a dog and you’re trying to get an insurance claim sorted out, you need to know what’s coming. The discovery process can feel pretty overwhelming, super invasive, and honestly, just plain frustrating. But here’s the deal – understanding what insurance companies typically ask for can really help you get ready and protect your case.
I’ve seen too many people caught off guard by these requests. They’ll ask for your employment records, your tax returns, sometimes even your kids’ school records. It feels like they’re trying to turn over every single stone in your life, and honestly, that’s exactly what they’re doing. They want to know everything.
So, What Exactly Is “Discovery” in Dog Bite Cases?
Discovery is basically the legal way both sides get to ask for information and documents from each other. Think of it like organized fact-finding, but with specific rules and deadlines.
In dog bite cases, this usually kicks off after you file a lawsuit, though sometimes insurance companies will start asking for information even before things get to court. They’re trying to build their side of the story, figure out how much your case might be worth, and let’s be frank, look for any reason to pay you less money.
The discovery process typically includes four main types of requests:
Document requests are probably what you’ll see most often. These are formal demands for specific papers, records, or files related to your case. This could be anything from medical bills to photos.
Interrogatories are written questions you have to answer under oath. They can get pretty detailed and sometimes feel like they’re asking the same thing over and over.
Requests for admissions ask you to simply say “yes” or “no” to specific facts about your case. These can be tricky because they’re trying to pin you down to certain positions early on.
Depositions are in-person question-and-answer sessions where you’re under oath and everything gets recorded. It’s like a formal interview.
Each of these tools has a purpose, and insurance companies use them strategically. They’re not just throwing requests at the wall to see what sticks – they have specific goals in mind.
Medical Records: They Want Absolutely Everything
When I say insurance companies want your medical records, I don’t just mean the records from treating your dog bite injuries. They want everything. And I mean everything going back years, sometimes even decades.
The Hunt for Pre-Existing Conditions
Insurance companies are obsessed with finding anything that was wrong with you before the dog bite. They’ll ask for medical records going back 5, 10, even 15 years before the incident. Why? Because they want to argue that your current problems aren’t really from the dog bite – they’re from something that was already bothering you.
Let’s say you got bitten on your arm and now you’re having trouble moving it or with your strength. The insurance company is going to look for any previous arm injuries, shoulder problems, or even carpal tunnel syndrome from years ago. They’ll try to connect the dots and say, “See? This person already had arm problems. The dog bite didn’t cause this.”
They’ll specifically look for:
- Previous injuries to the same body part
- Chronic pain conditions
- Mental health treatment
- Physical therapy records
- Chiropractic care
- Any medications you were taking
Documenting Your Current Treatment
Of course, they also want detailed records of all your treatment after the dog bite. This includes:
Emergency room records from the day it happened. They’ll look super closely at how you described the attack, what injuries were noted, and what care you got right away.
Follow-up medical care with your primary doctor, specialists, physical therapists, and anyone else who treated you. They want to see if your story has been consistent and track how you’re recovering.
Mental health treatment is becoming really important in dog bite cases. Many people develop anxiety, PTSD, or specific fears after being attacked by a dog. Insurance companies will ask for records from therapists, psychiatrists, and counselors.
Prescription records help them understand what medications you’ve needed and for how long. They’ll look at pain meds, antibiotics, anxiety medications, and anything else prescribed for your injuries.
Those “Independent” Medical Exams
Here’s something that catches a lot of people off guard – insurance companies will often ask that you go to an Independent Medical Examination (IME). The name is pretty misleading because these exams aren’t really independent at all. The insurance company picks the doctor and pays them.
These doctors are supposed to give an objective opinion about your injuries, but let’s be real – they know who’s paying their fee. I’ve seen IME doctors downplay injuries, question the connection between the dog bite and ongoing problems, and generally give opinions that favor the insurance company.
You typically can’t refuse an IME if it’s properly requested, but you can have your attorney there and make sure the exam is recorded.
Financial Paperwork Requests
Insurance companies don’t just want to know about your injuries – they want to understand your financial situation inside and out. This helps them figure out how much money they might owe you, and sometimes look for reasons to doubt your claim.
Employment and Income Records
They’ll ask for several years of employment records, including:
Pay stubs and W-2 forms to check your income and figure out any lost wages. If you’re saying you missed work because of your injuries, they want proof of what you would have earned.
Employment personnel files can show attendance issues, performance problems, or other workplace concerns that existed before your dog bite. They might try to argue that any work problems you’re having aren’t actually related to your injuries.
Tax returns give them a full picture of your income from all sources. They’ll look for unreported income, business losses, or other financial issues that might affect how much you’re claiming.
Lost Wage Calculations
If you’re claiming lost wages, get ready for them to look at it super closely. Insurance companies will ask for:
Time and attendance records showing exactly when you missed work and why. They’ll compare this to your medical appointments and treatment schedule.
Employer statements about your work capacity, any changes they’ve made for you, and how your injuries have affected your job.
Future earning capacity evaluations if your injuries are expected to keep you from working long-term. This might involve experts who look at jobs and economic stuff.
Your Personal Financial Records
Sometimes insurance companies will ask for bank statements, credit card records, and other financial documents. They might be looking for:
- Medical expenses you’ve paid yourself
- Signs of money problems that might make them think you’re exaggerating your claim
- Spending habits that don’t seem to fit with your claimed limitations
This level of financial checking can feel really private, but it’s pretty normal in big injury cases.
The Incident Report Investigation
Insurance companies will ask for every single piece of paper and photo related to the actual dog bite incident. This includes official reports, witness statements, and any pictures or videos.
Police Reports and Animal Control Records
Police reports give an official account of what happened. Insurance companies will pick these apart, looking for anything that doesn’t match what you said later.
Animal control reports often have details about the dog’s history, vaccination records, and any previous incidents. If the dog had a history of aggression, that’s a big help for your case. If this was the dog’s first time, the insurance company might argue the owner had no reason to expect it to be dangerous.
Citations or charges against the dog owner can be powerful evidence, but insurance companies will also look at whether any charges were dropped or reduced.
Witness Statements and Contact Info
Insurance companies want to talk to anyone who saw the incident or what happened right after. They’ll ask for:
Contact information for all witnesses, including people who saw the attack, heard it happen, or showed up shortly afterward.
Written statements from witnesses, including any informal notes given to police or animal control officers.
Expert witness information if your attorney has talked to animal behavior experts, doctors, or other specialists.
Pictures and Video Evidence
Visual evidence can really make or break a dog bite case. Insurance companies will ask for:
Photos of your injuries taken right after it happened and throughout your recovery. They’ll look at these closely to see how bad your injuries are and check your claims about scars or disfigurement.
Photos of the scene including where the attack happened, the property layout, and anything important like broken fences or weak barriers.
Video footage from security cameras, doorbell cameras, or cell phone recordings. Even if the actual attack wasn’t caught, video from before or after can give important clues.
Property and Location Documentation
The insurance company will want to understand exactly where and how the attack happened:
Property surveys and layouts help them understand the physical setting and if the owner took reasonable steps to prevent attacks.
Lease agreements or homeowner’s insurance policies if the incident happened on a rental property or involved questions about insurance coverage.
Local records about leash laws, dangerous dog rules, and any previous complaints about the property or dog.
Social Media and Your Digital Life
Here’s where things get really personal. Insurance companies have become super good at looking into people’s social media, and they’ll use anything they find against you.
Facebook, Instagram, and Twitter Investigations
Insurance companies will ask for access to your social media accounts, and they’ll go back months or even years. They’re looking for:
Photos that don’t match your claimed limitations. If you say you can’t lift your arm above your shoulder because of your dog bite injuries, but there’s a Facebook photo of you reaching up to hang Christmas decorations, they will absolutely use that against you.
Posts about activities that seem inconsistent with your injuries. Even innocent posts can be taken out of context. A post saying “Great day at the park!” might be used to argue that you’re not really suffering from anxiety about being around dogs.
Check-ins and location data that show you’ve been places or doing things that don’t fit with your claimed limitations.
Comments and interactions that might show your mood, money situation, or other personal stuff relevant to your case.
The Context Problem
The biggest issue with social media evidence is that it’s often taken completely out of context. That photo of you smiling at a family gathering doesn’t mean you’re not in pain – but insurance companies will try to use it that way.
They might show a photo of you at your daughter’s wedding and argue that you can’t really be suffering from depression or anxiety if you’re able to attend social events. They won’t mention that you left early, had a panic attack in the bathroom, or spent the next week in bed recovering from the emotional stress.
Privacy Settings Won’t Fully Protect You
Don’t think that privacy settings will keep your social media posts away from insurance companies. During discovery, they can ask for access to private posts, deleted content, and even direct messages if they’re relevant to your case.
Some insurance companies hire special firms that are experts at finding and saving social media evidence. They know how to grab screenshots, recover deleted posts, and put together a timeline of what you’ve been doing online.
Your Lifestyle and Activities
Insurance companies want to build a complete picture of how the dog bite has affected your daily life. This means they’ll ask for information about your activities, hobbies, and lifestyle both before and after the incident.
How Active Were You Before?
They want to know what your normal activities were like before the dog bite. This might include:
Gym memberships and fitness records showing your exercise routine and what your body could do before the incident.
Sports team participation or recreational league involvement that shows how active you used to be.
Travel records that show you were comfortable going places and doing things before you developed anxiety or had trouble moving around because of the dog bite.
Hobby and interest documentation like club memberships, class sign-ups, or equipment purchases that show what you enjoyed doing before your injuries.
How Has Your Life Changed Since?
They’ll also document how your life has changed since the dog bite:
Activity restrictions your doctors recommended and how well you’ve followed those suggestions.
Changes you’ve had to make to your home, work, or daily routine because of your injuries.
Canceled plans or activities that you’ve had to give up due to your injuries or new limitations.
Family Impact Statements
In some cases, insurance companies will ask for information from family members about how your injuries have affected them. This is pretty common in cases involving:
Loss of consortium claims where your spouse is asking for damages because of the impact on your relationship.
Household service losses where family members have had to take over tasks you can no longer do, like chores or childcare.
Childcare responsibilities that have shifted because of your limitations or ongoing treatment needs.
Expert Witness and Professional Advice Records
If your case involves expert witnesses or professional consultations, insurance companies will want super detailed information about these relationships.
Medical Expert Witnesses
Credentials and qualifications of any medical experts your attorney has talked to or plans to have testify.
Previous testimony history to see if these experts regularly testify in personal injury cases and what opinions they usually give.
Consultation fees and payment arrangements so they can potentially argue that the experts are biased because they’re getting paid.
Draft reports and communications between your attorney and the experts, which might show how their opinions developed.
Animal Behavior Experts
Dog bite cases sometimes involve animal behavior specialists who can talk about:
Breed characteristics and typical behavior patterns that might make certain dogs more dangerous.
Training and socialization factors that affect a dog’s likelihood to bite.
Warning signs that the dog owner should have noticed before the attack.
Insurance companies will really dig into these experts’ qualifications and look for any bias or anything that doesn’t quite add up in their opinions.
Economic and Vocational Experts
If your case involves claims for future lost earnings or if your ability to work has gone down, expect requests for information about:
Economic projections and the assumptions used to figure out your future losses.
Vocational assessments that look at your ability to go back to work or find another job.
Life care planning if your injuries need ongoing medical care or help with daily activities.
Insurance Policy and Coverage Paperwork
This might seem obvious, but insurance companies will ask for detailed information about all insurance policies that might cover your dog bite injuries.
Homeowner’s and Renter’s Insurance
Policy declarations pages that show coverage limits and when the policy was active.
Previous claims history on the policy, especially any past dog bite or animal-related claims.
Policy exclusions that might limit or completely get rid of coverage for your specific situation.
Premium payment records to check that the policy was in effect when the incident happened.
Auto Insurance and Other Policies
If the dog bite happened in or around a car, or if you have other insurance policies that might provide coverage:
Auto insurance policies that might include medical payments coverage or personal injury protection.
Umbrella policies that give extra liability coverage beyond the basic homeowner’s policy.
Health insurance information to coordinate benefits and figure out what medical expenses haven’t been covered by other sources.
Subrogation Rights
Insurance companies also want to understand their subrogation rights – basically, their right to get back money they’ve paid out from other responsible parties. They’ll ask for information about:
Other potentially responsible parties who might also be at fault for your injuries.
Settlement agreements with other parties that might affect their right to get money back.
Coordination of benefits between different insurance policies.
Property Owner and Dog Owner Background Checks
Insurance companies will do thorough background checks on both the dog owner and any property owner involved in your case.
Dog Ownership History
Previous dogs owned and any incidents or problems with those animals.
Training records for the dog that bit you, including obedience classes, behavioral training, or specialized training.
Veterinary records that might show behavioral problems, aggression issues, or medical conditions that could affect the dog’s personality.
Breeding and acquisition records showing where the dog came from and any information about its genetics or early socialization.
Property Maintenance and Safety
Previous incidents on the property involving dogs or other safety issues.
Maintenance records for fencing, gates, and other barriers meant to keep the dog contained.
Local violations or citations related to the property or animal control issues.
Neighborhood complaints about the dog or property that might have warned the owner about potential problems.
Criminal and Civil History
Criminal background checks on the dog owner, especially for any animal-related offenses or violent crimes.
Previous civil lawsuits involving the dog owner, particularly any other personal injury or animal attack cases.
Financial information about the dog owner’s ability to pay if you win your case.
Surveillance and Investigation Evidence
Here’s something that might make you feel a little uncomfortable – insurance companies sometimes watch people who are making injury claims. This is totally legal, and it happens more often than you might think.
Video Surveillance
Insurance companies might hire private investigators to:
Follow you around and record what you’re doing to see if it matches your claimed limitations.
Stake out your house to document your daily routine and how active you are.
Record you at medical appointments to see how you move and behave when you think no one is watching.
The main thing to remember is they’re looking for any activity that contradicts what you’ve said about your injuries. If you claim you can’t lift more than five pounds, but they catch you carrying groceries, they’ll use that against you.
Public Records Investigation
Investigators will also dig through public records looking for information about:
Previous lawsuits or insurance claims you’ve made, especially other injury claims.
Criminal history that might affect how believable you are as a witness.
Financial problems like bankruptcies or foreclosures that might make them think you’re exaggerating your claim.
Professional licenses or certifications that might be affected by your injuries.
Witness Interviews
Insurance investigators will try to talk to anyone who knows you, including:
Neighbors who might have seen what you’re doing or how you’re recovering.
Coworkers who can talk about your work performance and any limitations you’ve experienced.
Friends and family members who might give information about your condition and how it’s affected your life.
Medical providers who aren’t directly treating you but might have relevant information.
How to Protect Yourself During Discovery
Now that you know what insurance companies are looking for, let’s chat about how to protect yourself during the discovery process.
Be Honest and Consistent
The most important thing you can do is tell the truth, and keep your story consistent. Insurance companies are actively looking for anything that doesn’t match up in what you say, and they will find it if it’s there.
Keep a detailed journal of your symptoms, what you can’t do, and how your injuries are affecting your daily life. This helps make sure your statements stay consistent over time.
Don’t exaggerate your injuries or what you can’t do. It’s tempting to focus on your worst days, but if you’re caught doing something that goes against your claims, it can really hurt your credibility.
Be accurate about your medical history. Insurance companies will find your previous medical records anyway, so there’s no point in trying to hide anything.
Watch Your Social Media
Limit your social media activity while your case is going on. The safest bet is to stay off social media completely until your case is wrapped up.
Review your privacy settings, but don’t count on them to protect you. Just assume that anything you post could become evidence in your case.
Ask friends and family not to tag you in photos or posts that might be taken out of context.
Don’t post about your case or your injuries. Anything you say online can be used against you.
Follow Medical Advice
Go to all your medical appointments and follow what your doctors tell you to do for treatment. Insurance companies will use missed appointments or not following advice against you.
Be honest with your medical providers about your symptoms and what you can’t do. Your medical records should clearly show your condition.
Get treatment for mental health issues if you’re feeling anxious, depressed, or have PTSD after your dog bite. These are real injuries that deserve compensation.
Work Closely with Your Attorney
Don’t try to answer discovery requests on your own. Let your attorney look at everything and help you give complete, accurate answers.
Prepare for depositions by going over your case facts and practicing what you’ll say with your attorney.
Ask questions if you don’t understand a discovery request or why they’re asking for certain information.
Be patient – the discovery process can take months or even years, but it’s a super important part of building your case.
Common Discovery Fights and How They Get Solved
Not all discovery requests are fair or even legal. Sometimes insurance companies ask for stuff that has nothing to do with your case or that invades your privacy.
Requests That Are Way Too Broad
Insurance companies sometimes make discovery requests that are just way too wide-ranging. For example, they might ask for “all medical records for the past 20 years” when your dog bite happened only six months ago.
Your attorney can object to these requests and ask the court to limit them to relevant time periods and body parts. The key is showing that the information they’re asking for isn’t really related to your injuries or damages.
Privileged Information
Some information is protected by legal privileges and doesn’t have to be shared:
Attorney-client communications are generally protected, though there are a few exceptions.
Doctor-patient privilege might protect some medical records, especially mental health records in certain situations.
Spousal privilege can protect conversations between you and your spouse.
Privacy Worries
Courts try to balance the insurance company’s right to investigate your claim with your right to privacy. Sometimes they’ll order that sensitive information be looked at by the court privately before deciding if it has to be shared.
Financial records might be limited to relevant time periods or specific accounts.
Social media discovery might be limited to posts related to your injuries or activities.
Medical records might be limited to treating doctors and relevant body parts.
How Technology Plays a Role in Modern Discovery
Technology has totally changed how discovery works in dog bite cases. Insurance companies now have access to digital tools and databases that didn’t even exist a few years ago.
Electronic Discovery (E-Discovery)
Email and text message recovery can reveal conversations about your injuries, activities, or state of mind.
Digital photo analysis can pull out data showing when and where photos were taken, possibly going against your claimed limitations.
GPS and location data from your phone or fitness tracker can show your activity patterns and how much you’re moving around.
Internet search history might show what you’ve looked up about your injuries, legal rights, or other relevant topics.
Data Mining and Analysis
Insurance companies use fancy software to look at huge amounts of data about your case:
Pattern recognition can spot things that don’t quite match up in your statements or medical records.
Predictive modeling helps them guess how much your case is likely worth and plan their settlement strategy.
Social network analysis maps your relationships and finds potential witnesses or sources of information.
Artificial Intelligence and Machine Learning
Some insurance companies are even starting to use AI tools to:
Analyze medical records and find potential pre-existing conditions or other reasons for your symptoms.
Review social media posts and flag content that might be important for your case.
Predict case outcomes based on similar cases and various factors in your claim.
Working with McCormick & Murphy P.C. Through Discovery
If you’re dealing with a dog bite case in Colorado, you absolutely don’t have to face the discovery process alone. At McCormick & Murphy P.C., we’ve been handling personal injury and insurance bad faith cases since 1995, and we know exactly what insurance companies are looking for.
Our Approach to Discovery
We know that insurance companies are going to dig deep into your case, so we get ready for that from day one. We help our clients understand what to expect and how to protect themselves throughout the whole process.
Early case preparation means we start gathering and organizing evidence right away, even before the insurance company makes their discovery requests.
Client education helps you understand what’s coming and how to respond properly to discovery requests.
Strong advocacy means we push back against unreasonable or overly intrusive discovery requests that invade your privacy.
Protecting Your Interests
We’ve seen insurance companies try every trick in the book to try and pay less on dog bite claims. Our experience with insurance bad faith cases helps us know when they’re going too far.
Discovery objections are filed when insurance companies ask for information they’re not allowed to get.
Protective orders can limit how much discovery happens or protect sensitive information from being shared.
Motion practice helps solve discovery disagreements quickly and smoothly.
The Contingent Fee Advantage
We handle most personal injury claims on a contingent fee basis, which means you don’t pay us attorney fees unless we recover money for you. This takes the financial pressure off during the discovery process, when insurance companies are trying to wear you down with expensive and time-consuming requests.
You can focus on getting better while we handle all the legal ins and outs of discovery. We get what you and your family are going through after a dog bite, and we’re here to help you move forward with your life.
Understanding Why Insurance Companies Do This
It helps to understand why insurance companies ask for so much during discovery. They’re not just being difficult – they have specific business reasons for wanting all this information.
Figuring Out What Your Claim is Worth
Insurance companies use discovery information to calculate how much your case is worth:
Medical expenses help them understand your past costs and guess how much future treatment might be.
Lost wages and earning capacity give them a baseline for money you’ve lost.
Pain and suffering calculations often depend on how bad and how long your injuries lasted.
Life impact evidence shows how the dog bite has affected your daily activities and relationships.
Developing Their Defense
Discovery information helps insurance companies plan their defense:
Alternative causation theories suggest that your problems are caused by something else, not the dog bite.
Comparative fault arguments try to blame you for causing or helping to cause the attack.
Credibility attacks use inconsistencies or personal history to make your testimony seem less believable.
Damage minimization focuses on trying to show that your injuries aren’t as serious as you claim.
Settlement Negotiations
Insurance companies use discovery information to make their position stronger during settlement talks:
Weak points in your case that they can use against you during negotiations.
Risk assessment helps them decide whether to settle or take your case to court.
Budget planning allows them to set aside enough money for your claim.
Red Flags in Discovery Requests
Some discovery requests should definitely make you raise an eyebrow. They might mean the insurance company is acting unfairly or going beyond what’s legally allowed.
Fishing Expeditions
Requests for overly long time periods that go back decades for minor injuries might be unreasonable.
Irrelevant personal information about family members, unrelated medical conditions, or financial matters that don’t affect your case.
Requests that repeat themselves asking for the same information in multiple ways or that just copy previous requests.
Harassment and Intimidation
Excessive document requests designed to overwhelm you with costs and time.
Invasive personal questions that go beyond what’s needed to evaluate your claim.
Unreasonable deadlines that don’t give you enough time to gather the requested information.
Privacy Violations
Requests for social media passwords that go beyond what’s legally allowed.
Confidential communications with doctors, therapists, or attorneys that should be protected.
Information about third parties who aren’t involved in your case but might be affected if their info is shared.
Special Things to Keep in Mind for Different Dog Bite Cases
The discovery process can look a little different depending on the specific details of your dog bite case.
Cases Involving Children
When kids are hurt in dog attacks, discovery requests often focus on:
Educational records to show how injuries have affected school performance.
Developmental assessments to understand long-term impacts on growth and development.
Family impact statements from parents and siblings about how the incident has affected the household.
Future care planning for ongoing medical or psychological treatment needs.
Cases with Severe Disfigurement
Cases involving big scars or disfigurement might include:
Cosmetic surgery consultations and cost estimates for reconstructive procedures.
Psychological evaluations to understand the emotional impact of visible injuries.
Vocational assessments if disfigurement affects your ability to work in certain jobs.
Before and after photography to document how much your appearance has permanently changed.
Fatal Dog Attacks
Wrongful death cases involve different types of discovery:
Economic dependency evidence showing how family members relied on the deceased person’s income.
Relationship documentation proving how close family bonds were and the emotional support provided.
Estate planning documents that might affect how damages are divided up.
Life expectancy and earning capacity projections for calculating long-term financial losses.
The Timeline of Discovery in Dog Bite Cases
Understanding the typical timeline can help you get ready for what’s ahead in your case.
Early Discovery (Months 1-6)
Initial document requests usually focus on basic medical records, employment information, and paperwork about the incident.
Interrogatory responses provide your first sworn statements about what happened and your injuries.
Expert witness disclosures identify the professionals who will testify in your case.
Mid-Case Discovery (Months 6-18)
Detailed medical examinations including IMEs and talks with your treating doctors.
Deposition testimony from you, witnesses, and expert witnesses.
Social media and surveillance evidence gathered by insurance company investigators.
Late Discovery (Months 18-24)
Final expert reports with complete opinions and damage calculations.
Supplemental discovery to deal with new information or changed circumstances.
Discovery disagreements resolved through court motions or conferences.
Pre-Trial Preparation
Witness preparation for trial testimony and cross-examination.
Exhibit preparation organizing documents and evidence to show a jury.
Settlement negotiations using all the discovery information to figure out the case’s value.
How Discovery Affects Settlement Negotiations
The discovery process has a huge impact on how settlement negotiations go in dog bite cases. Both sides use the information gathered during discovery to figure out the strong and weak points of the case.
Making Your Position Stronger
Good discovery responses can really boost your settlement position:
Consistent medical records that clearly show your injuries and treatment.
Strong witness statements that support your side of the story.
Clear documentation of financial losses and how your life has been affected.
Expert opinions that back up your injury claims and damage calculations.
Dealing with Weaknesses
Discovery might also uncover weaknesses that need to be addressed:
Pre-existing conditions that could be confused with your dog bite injuries.
Statements that don’t quite match up that need an explanation or clarification.
Social media posts that could be taken out of context.
Gaps in treatment that might make it seem like your injuries aren’t as serious as you claim.
When to Talk Settlement
Early settlements might happen before a lot of discovery if who’s at fault is super clear and damages are straightforward.
Mid-case settlements often happen after medical treatment is done but before expensive expert witness preparation.
Pre-trial settlements use all the discovery information to avoid the uncertainty of a jury trial.
When Discovery Goes Wrong
Sometimes the discovery process doesn’t go smoothly, and arguments pop up that need a judge to step in.
Common Discovery Problems
Missed deadlines can lead to penalties or not being allowed to use certain evidence.
Incomplete answers might mean you have to add more information or a court orders better answers.
Disputes over what’s privileged about what information has to be shared versus what can be kept private.
Claims of harassment when discovery requests become unreasonably burdensome or invasive.
When the Court Has to Step In
When attorneys can’t sort out discovery arguments themselves, courts can:
Issue protective orders limiting what can be discovered or protecting sensitive information.
Order discovery by telling parties to provide information they’ve refused to share.
Impose sanctions for not following discovery rules, including fines or even dismissing the case.
Set deadlines for finishing discovery and resolving any remaining arguments.
The Cost of Discovery Fights
Discovery battles can be expensive and take a lot of time:
Attorney fees for court motions and hearings add up quickly.
Delayed resolution means your case takes longer to settle or go to trial.
Relationship damage between attorneys can make future negotiations tougher.
Court resources are limited, and judges don’t like unnecessary discovery arguments.
Getting Ready for Your Deposition
Depositions are often the most nerve-wracking part of the discovery process. Here’s how to get ready for this important testimony.
What to Expect
A formal setting with court reporters, attorneys, and sometimes video recording equipment.
Sworn testimony means you’re under oath and absolutely must tell the truth.
Questions in a cross-examination style from the insurance company’s attorney.
Your attorney will be there to object to improper questions and protect your interests.
How to Prepare
Review your case file including medical records, previous statements, and key documents.
Practice what you’ll say with your attorney to get comfortable with the question-and-answer format.
Understand your limits – it’s totally okay to say “I don’t know” or “I don’t remember” when that’s the truth.
Stay calm and composed even if the questioning gets aggressive or repetitive.
Common Deposition Topics
The incident itself with detailed questions about what happened before, during, and after the dog attack.
Your injuries and how they’ve affected your daily life, work, and relationships.
Medical treatment you’ve received and if you followed your doctors’ recommendations.
Financial impacts including lost wages, medical expenses, and other money lost.
Pre-existing conditions and any previous injuries or health problems.
Technology and Privacy in Today’s Discovery
The digital age has brought new challenges and opportunities to dog bite case discovery.
Digital Evidence Collection
Smartphone data including photos, texts, GPS locations, and what apps you use.
Social media archives that might include deleted posts, private messages, and interaction history.
Fitness tracker information showing how active you were before and after your injury.
Email and cloud storage that might have relevant communications or documents.
Strategies for Protecting Your Privacy
Regular data cleanup to remove stuff that’s not important or could be embarrassing.
Checking your privacy settings across all social media platforms and online accounts.
Smart communication habits avoiding talking about your case in digital ways.
Legal guidance about what digital information you absolutely must keep versus what you can delete.
New Technologies on the Horizon
Artificial intelligence tools for looking at documents and social media content.
Virtual depositions that cut down on travel costs and scheduling headaches.
Digital evidence management systems for organizing and showing complex cases.
Predictive analytics for figuring out case value and how likely a settlement is.
Working with Medical Providers During Discovery
Your relationship with your doctors becomes a bit more complicated during the discovery process.
Medical Record Requests
Authorization forms allow insurance companies to ask for records directly from your doctors.
Scope limitations that your attorney can negotiate to protect medical information that’s not relevant.
Timing considerations for when records are asked for and provided.
Cost allocation for copying and providing large medical files.
Doctor Depositions
Treating physician testimony about your injuries, treatment, and what to expect in the future.
Expert medical opinions that go beyond simple treatment records.
Preparation time with your attorney before your doctors’ depositions.
Fee arrangements for doctor time spent in depositions or preparing for trial.
Independent Medical Examinations
Doctor selection by the insurance company, often from a group of examiners they use a lot.
Examination scope limited to issues related to your dog bite injuries.
Report timing and sharing with everyone involved in the case.
Follow-up questions that might come up from what the IME doctor found.
The Psychology Behind Discovery
Understanding the psychological side of discovery can really help you handle this stressful process better.
Insurance Company Tricks
Trying to overwhelm you by making tons of document requests designed to make you feel buried.
Invading your privacy to make you uncomfortable and more likely to settle for less money.
Delay tactics that drag out the process hoping you’ll get frustrated and just take a low offer.
Attacks on your credibility using personal information to make you seem less trustworthy.
Staying Mentally Strong
Focus on your goal of getting fair compensation for your injuries and losses.
Trust your legal team to protect your interests and fight unfair requests.
Keep perspective that discovery is a temporary process that will eventually end.
Practice self-care to manage stress and keep your emotional well-being intact.
Impact on Your Family
Your spouse and children might be affected by discovery requests and court proceedings.
Privacy worries for family members who didn’t choose to be involved in a lawsuit.
Financial stress from ongoing legal expenses and a delayed resolution.
Relationship strain that can come from the pressures of a lawsuit.
Regional Differences in Discovery Practice
Discovery rules and practices can really vary depending on where your case is filed.
Colorado State Court Practice
Local rules that govern discovery procedures and deadlines in Colorado state courts.
Judicial preferences that are different between various judges and court districts.
Case management approaches that can affect discovery scheduling and how much information is shared.
Settlement conference requirements that might influence your discovery strategy.
Federal Court Differences
Federal Rules of Civil Procedure that apply in federal court cases.
Electronic discovery rules that are more detailed in federal practice.
Case management orders that set specific discovery deadlines and limitations.
Magistrate judge involvement in solving discovery arguments.
Local Insurance Company Practices
Regional defense firms that insurance companies use in Colorado have different styles and ways of doing things.
Settlement authority levels that vary between different insurance companies and regions.
Investigation practices that might be more or less aggressive depending on local market conditions.
Costs and Money Matters in Discovery
The discovery process can get expensive, and understanding these costs helps you make smart decisions about your case.
Your Costs as the Client
Document production expenses for copying medical records, employment files, and other materials.
Expert witness fees for medical exams, economic analysis, and other professional opinions.
Deposition costs including court reporter fees and getting transcripts made.
Travel expenses for depositions, medical exams, and court appearances.
Your Attorney’s Investment
Time commitment for reviewing documents, preparing answers, and attending depositions.
Paralegal and support staff costs for organizing documents and managing the case.
Expert witness coordination and getting them ready for testimony.
Motion practice expenses for sorting out discovery disagreements.
Weighing the Costs and Benefits
Assessing case value to figure out if extensive discovery makes financial sense.
Decisions on settlement timing based on discovery costs versus how much you might recover.
Allocating resources between different parts of preparing your case.
Managing risk to avoid unnecessary expenses while building a strong case.
Doing Things Right: Ethical Considerations in Discovery
The discovery process comes with important ethical duties for everyone involved.
What Your Attorney Needs to Do
Competent representation means thorough preparation and understanding of discovery rules.
Talking with the client about discovery requests, deadlines, and big decisions.
Being truthful in all discovery answers and court paperwork.
Proportionality in discovery requests, balancing a thorough investigation with what’s reasonable.
What You, the Client, Need to Do
Be honest in all discovery answers and testimony under oath.
Keep documents safe to avoid claims that you destroyed evidence.
Cooperate with reasonable discovery requests and legal procedures.
Talk with your attorney about any worries or problems that come up.
Insurance Company Ethics
Participating in good faith in the discovery process without unnecessary delays or roadblocks.
Keeping discovery requests reasonable and relevant to the case issues.
Respecting privacy for personal information that isn’t relevant to the claim.
Professional conduct in all interactions with the other side and the court.
What’s Next? Future Trends in Dog Bite Discovery
The discovery process keeps changing with new technologies and legal developments.
More Technology Integration
Artificial intelligence tools for reviewing and analyzing documents.
Virtual depositions that cut down on travel costs and scheduling conflicts.
Digital evidence management systems for organizing and presenting complex cases.
Predictive analytics for figuring out case value and the likelihood of settlement.
Changes in Privacy Laws
Data protection regulations that might limit what personal digital information can be discovered.
Medical privacy improvements that could affect access to health records.
Social media policies that balance investigation rights with privacy expectations.
International considerations for cases involving data across borders.
Making Things More Efficient
Streamlined procedures to cut down on discovery costs and delays.
Early case assessment tools to spot strong and weak cases sooner.
Alternative dispute resolution methods that reduce the need for extensive discovery.
Proportionality requirements that limit discovery to what’s reasonably necessary.
Getting Help with Your Dog Bite Case
If you’re facing a dog bite case and feeling totally swamped by the discovery process, you absolutely don’t have to deal with it alone. The insurance company has experienced lawyers and investigators working on their side – you need that same level of professional help.
At McCormick & Murphy P.C., we’ve been helping Colorado residents with personal injury cases since 1995. We know exactly how insurance companies approach dog bite cases, and we know how to protect your interests during the discovery process.
Why Experience Really Counts
We’ve seen every single trick insurance companies use to try and pay less on dog bite claims. We know when discovery requests are fair and when they’re just trying to dig for dirt to scare you into accepting a low settlement.
Our experience with insurance bad faith cases gives us a real peek into how insurance companies actually operate. We’re not scared to fight back when they push too hard or act unfairly.
How We Handle Discovery
We get ready for the discovery process the moment we take your case. We help you understand what’s coming, get your documents and information organized, and protect you from unreasonable requests.
Early preparation means we start gathering evidence and building your case before the insurance company even knows what hit them.
Client education helps you understand the process and avoid common mistakes that could hurt your case.
Strong advocacy means we fight for your rights and don’t let insurance companies push you around.
No Upfront Costs
We handle dog bite cases on a contingent fee basis, which means you don’t pay attorney fees unless we recover money for you. This takes away the financial pressure during the discovery process and lets you focus on getting better.
If there’s no recovery through settlement or a court decision, you don’t pay us attorney fees. We only get paid when you get paid, which means we’re super motivated to get you the best possible result.
Ready to Get Started?
If you’ve been bitten by a dog in Colorado, don’t wait to get legal help. The discovery process can start early in your case, and you need to be ready. Contact McCormick & Murphy P.C. today to chat about your situation and learn how we can help protect your interests.
You can reach us at our Pueblo office at 301 N Main St, Pueblo, CO 81003, or give us a call at (888)-668-1182. We’re here to help you understand your rights and fight for the money you deserve.
The discovery process doesn’t have to be overwhelming. With the right legal team on your side, you can face it with confidence and focus on what really matters – your recovery and your future.
Remember, insurance companies have one goal: paying you as little as possible. Don’t let them achieve that goal through an intimidating discovery process. Get experienced legal help and level the playing field. Your future depends on it.
