Padilla Law Group, LLP

Personal injury cases and the subpoena power

When it comes to building a competent personal injury or wrongful death lawsuit, there are many moving parts. While a victim focuses on recovering physical and emotional health, the victim must also think about gathering evidence and building strong legal arguments that will spur negotiations and persuade a judge and jury. This is no easy task, which is why it is critical that car accident victims engage in well thought out discovery to ensure that they are proceeding with their claim with as much knowledge as possible.

One way to ensure that a car accident victim is able to acquire all the information needed to build a strong case is to issue appropriate subpoenas when necessary. A subpoena is a legal document that requires an individual to appear in court or turn over specified documentation. This is how a plaintiff can secure the presence of critical witnesses at trial and gather documentation that can help impose liability. Those who fail to abide by a subpoena can face criminal and civil penalties.

To see the power of a subpoena, consider a truck accident. A victim can subpoena truck maintenance records in order to identify any negligence on behalf of the truck company, and the victim can also subpoena the trucker's driving log to see if the trucker was operating the vehicle in violation of hours of service regulations. Any of this uncovered evidence can serve as a strong basis for the imposition of liability and the recovery of compensation.

Using subpoenas for people and documents is just one of the legal powers that can serve a car accident victim well when properly utilized. With that being said, this is just a small, albeit important, part of building a strong legal claim.



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