Requests For Admission
If you have been involved in a motor vehicle collision, you likely can bring a claim against the individual or company responsible for causing your injuries. One of the most critical phases of litigation is the discovery phase. During this period, the parties are allowed to collect information and evidence from each other by using a number of mechanisms like interrogatories, depositions, and requests for admission. In some cases, certain facts about the incident are not in dispute. A request for admission is an efficient way to establish these facts in the lawsuit and narrow the issues. Knowing how to use requests for admission and respond to requests for admission from opposing parties is a critical aspect of any personal injury case. At the Wolfe Law Firm, Buckhannon County car accident lawyer Dorwin J. Wolfe has the experience and skill needed to advance your interests during the discovery process.Using Requests for Admission in a Personal Injury Lawsuit
According to Rule 26 of the West Virginia Rules of Civil Procedure, a party can serve requests for admission on another party to the litigation, who then has 30 days to serve responses to the requests. If the other party fails to answer a request, the rules state that the fact or subject of the request for admission shall be deemed admitted. The requests can ask the answering party to admit any matter that is within the scope of the litigation, as defined by the rules. If the responding party wishes to deny a request for admission, they must provide a sufficient basis for the denial, which must include a good-faith reason for not admitting the requested fact. Moreover, it is not sufficient for the responding party to state that they are denying the request based on a lack of information.
A request for admission may help you establish one or more of the elements of a car accident claim if the facts surrounding it are undisputed. These elements are duty, breach, causation, and damages. When people get behind the wheel, they have an obligation to act with the same care and reasonable skill that a prudent driver would use when faced with similar weather, roadway conditions, and traffic. Next, you must show that the defendant failed to drive with this level of care and that your injuries happened as a direct result of this failure. For example, if it was clear that the driver who struck you ran a red light or was speeding, you may be able to use a request for admission to establish this fact. The litigation then would center around the elements of causation and damages, simplifying the process and allowing you to focus on the parts of your case that are legitimately contested.Consult an Experienced Car Accident Lawyer in Buckhannon County
At the Wolfe Law Firm, we have helped many West Virginia accident victims assert their rights against people or entities that carelessly caused their injuries. Buckhannon County attorney Dorwin J. Wolfe understands the importance of developing a well-planned and thorough discovery strategy. He can ensure that your rights are protected at each step of the process. We assist people throughout West Virginia, including in Morgantown, Clarksburg, Bridgeport, and other cities throughout Randolph, Mineral, Harrison, Braxton, Grant, Barbour, Hampshire, Lewis, Marion, Pocahontas, Preston, Pendleton, Taylor, and Tucker Counties. To schedule a free consultation with a motor vehicle collision lawyer, call us at 877-637-5756 or contact us online.