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Discovery Process in the McKinney Dog Bite Case

In this dog bite case, we filed a request for production on behalf of our client. The request for production is a series of requests to produce specific documents or to gain access to specific property that we do not have access to. Typically, it is to get production of documents that the other side has or the other side has the ability to demand from third parties.

For instance, if the defendant has a third-party vendor that maintains things for the defendant, we could get that through a request for production. In dog attack cases, requests for production are critical, because we want to show the owner’s knowledge of the propensity of the dog to be violent and often that is found in the records.

Requests for production are done every time in these cases as soon as they are filed. In my firm, we are aggressive with discovery. As soon as the lawsuit is answered, we file a request for production of documents immediately. Sometimes we do it when we file a lawsuit. Other times, we do it as soon as the answer comes in. It is done right away, so we are able to craft what else we need to do in discovery based on the answers that we get.

Veterinarian Records

In this case, we requested the dog’s veterinarian records. We requested the records from the city that the dog owner would have received. That was critical in this particular case, because the defense objected to that. When one has objections to information that is plainly relevant and something that they should have, it leads the attorney to believe that the information could be critical to showing liability.

We were able to file motions regarding the veterinarian records, which led to an admission that this dog was supposed to be under quarantine at the time from a prior dog bite. In this case, the dog was not quarantined at the time it bit our client but should have been.  This evidence was critical evidence to develop the potential for exemplary damages or punishment damages in this case..

Requesting the Medical Records

We also requested and produced the   medical records that are well outside of the relevant medical records or of the actual injury. Many times requests are for all past medical records. Sometimes they are not even limited by time or by scope in any way, shape, or form. Those we object to routinely to limit the scope and the timing so that the records that we produce are related to what had occurred in the case. In this particular case, my injured party had her leg torn up by a dog.

We review all of the medical records to make sure that objectionable material, like social security numbers, are blacked out or taken out of the records that are produced. We are always on the lookout to make sure that irrelevant material, like irrelevant disease processes, are not brought in or disclosed to the defendant because those could be used to hurt or embarrass the plaintiff.

In every serious injury case, the medical records that support the injury are going to have to be produced. Medical cost issues were produced, as well.

Producing Documents to the Defendant

The plaintiff also had to produce documents for the defendant during the discovery process. Normally whenever an attorney files discovery, requests for production, or interrogatory-answering and disclosure requests of the other side of sides, they almost immediately fire back requests of the plaintiff. We want our opponents to see the damages that their client inflicted and what to show them just how easily the attack could have and should have been avoided. When maintaining a civil action against someone, we need to be able to turn over all of the non-privileged parts of the file and be able to win anyway.

Requests for Disclosure

In Texas, we routinely file what we call requests for disclosure. It is a one-paragraph request and done in every case both by the plaintiffs and the defendants. Disclosure requires certain categories of things to be disclosed, such as any insurance coverage, what the coverage is, and the listing of all the medical care providers. It is part of listing out the economic damages.

If we are going to have economic damages from an expert like an economist, which we had in this particular case, we have to list out the method of calculation of those damages and what those damages are going to be. That is done by disclosure and it is conducted upfront in the case.  By being proactive and developing and producing the relevant evidence, it gives the defendant less excuse to try and delay the case and speeds the ultimate resolution of the case.

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The McCraw Law Group
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Michael Taylor
Michael Taylor
19:46 12 Feb 20
McCraw Law Group is an exceptional firm and I could not ask for more than what I received with their services. All of... their staff, from the clerks to the attorneys, were extremely helpful and caring and constantly asked me if I needed anything or if I had any questions or concerns. If you need to have someone on your side and trust them to have your best interests in mind, I would place that trust in The McCraw Law Group.Would I recommend them to my friends and family? I would without a doubt.Would I like to have them on the other side of a courtroom and going against them? Absolutely Not.To the staff that handled my case, I greatly appreciate all of your work and the result speaks for itself. Thank you!read more
Justin Hansen
Justin Hansen
12:29 07 Feb 20
The staff at the McCraw law group are second to none. They are intelligent and hard working people that will do their... best to make sure you are set to recover physically, emotionally, and financially from any injury. Thank you so much!!read more
Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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