Disclosure

Any claim for personal injuries, such as one involving a car accident or nursing home abuse, includes disclosure as a standard component of the process. It is a reference to the early trading of documents between both parties, specifically the plaintiff and the defendant.

Disclosure is a necessary step in the investigation process. During the period known as “discovery,” both sides of the case make efforts to collect any relevant evidence, which may include making document requests to the opposing party. Disclosure streamlines the process by ensuring that certain categories of documents are immediately communicated with one another without the need for a separate request.

The following is a list of some examples of the types of documents that the insurance company might be required to disclose to you:

• Their documentation of the statements you have made
• Any medical background information or “lookback” time they are using to contest the nature of your injury
• Records pertaining to the other driver involved in the collision

These documents could be printed out on paper, or they could be digital data like emails or even text messages.

The specific documents that need to be exchanged with the other party are different for each case. Throughout the course of legal history, there have been rules for “standard disclosure” that require both parties to share any documents they consider to be pertinent. It should be obvious that this was open to dispute. 

There are many different disclosure rules to choose from in today’s legal system, and the judge is the one who ultimately decides which ones the parties are required to follow based on the nature of the case.

Your attorney may also make use of the discovery procedure in order to ask for additional evidence or documents. However, if it is discovered that the other party did not disclose something that they ought to have disclosed, which will become apparent during the trial, then that party may be subject to severe penalties.