In an Edmonton personal injury case, Questioning (Discovery) is a formal process where the defence lawyer asks you questions under oath about the accident and your injuries. It typically takes place in a boardroom, not a courtroom, and honesty and brevity are your best strategies.
If you are pursuing a personal injury claim in Edmonton, you will likely have to participate in a process called Questioning or Examinations for Discovery. Under the Alberta Rules of Court, this is a mandatory step where both sides exchange information before a trial. While the idea of being questioned under oath can feel intimidating, knowing what to expect can help you feel confident and prepared.
The primary goal of the defence lawyer representing the insurance company is to assess your credibility, understand how the accident happened, and determine the true extent of your injuries. This is not a test of memory, but a formal inquiry into the facts of your case.
Step-by-Step Process for Questioning in Edmonton
Questioning does not happen at the Edmonton Law Courts. Instead, it usually occurs at a private court reporting agency in downtown Edmonton, such as Amicus or Independent Reporters, or via video conference.
Step 1: Preparation with Your Lawyer
Before the date of your Questioning, your personal injury lawyer will sit down with you to review your medical records, collision reports, and financial documents. They will explain the types of questions the defence will ask and teach you how to answer truthfully without over-explaining.
Step 2: Taking the Oath
When you arrive at the boardroom, a certified court reporter will ask you to swear on a religious text or make a solemn affirmation to tell the truth. Everything you say from this point forward is recorded and transcribed into a written booklet, which can be used later in court.
Step 3: Answering the Defence Lawyer’s Questions
The defence lawyer will begin asking questions. They will cover your background, how the accident occurred, the timeline of your medical treatments, and how your injuries affect your daily life in Edmonton. Your own lawyer will be sitting right next to you to object to any improper or irrelevant questions.
Step 4: Providing Undertakings
Sometimes, the defence lawyer will ask for information or documents you do not have with you, such as a specific physiotherapy receipt or an older medical record. Your lawyer will agree to provide this later as an undertaking. You are legally required to fulfill these requests in a timely manner.
How Much Does It Cost?
Participating in Questioning involves some costs, but if you have hired a lawyer, you generally do not pay these out of pocket on the day of the event.
- Court Reporter Fees: Typically range from $500 to $1,500 CAD, depending on the length of the transcript.
- Lawyer Fees: Your lawyer’s time is usually covered under your contingency fee agreement.
- Conduct Money: Under Alberta law, the opposing side must actually pay you a small allowance (conduct money) to cover your basic travel and parking expenses to attend the Questioning.
How Long Does the Process Take?
A standard Questioning session for a straightforward motor vehicle accident in Edmonton usually lasts between 2 to 4 hours. For complex cases involving catastrophic injuries or medical malpractice, it could take a full day or even multiple days.
Frequently Asked Questions (FAQ)
What if I do not remember an answer during Questioning?
It is perfectly acceptable to say you do not remember or do not know. You should never guess or estimate distances or times if you are unsure, as your recorded answers can be used against you later.
Can I refuse to answer a question?
You must answer all relevant questions. However, if a question is inappropriate or outside the scope of the case, your lawyer will object on your behalf and instruct you not to answer.
Will a judge be present at the Discovery?
No. Questioning in Alberta involves only you, your lawyer, the defence lawyer, and the court reporter. There is no judge or jury present in the room.
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