Car Accident Plaintiff Was Sanctioned By Court For Failing To Disclose Relevant Evidence

Once a plaintiff in a civil action files a lawsuit, they are usually presented with interrogatories and a request to sit for depositions from the opposing party. Interrogatories are a series of questions asked by the other party or parties that are involved in the case for the purposes of gaining additional information about the case. Depositions are formal question and answer sessions that are also used to provide the parties with additional information about the case and are often used to clarify or explore information that was listed in the written answers to the interrogatories. This entire process of gathering information is referred to as the “discovery process.”

During the discovery process, both sides of a civil lawsuit have a duty to provide honest and complete answers to questions that are asked unless they are not relevant to the case. Failing to provide accurate and complete information while answering interrogatories, requests for documents or other physical evidence, or during a deposition may lead to sanctions by the court.

Section 8.01-271.1 of the Virginia Code discusses permissible sanctions that may be imposed if a party fails to offer complete, accurate and relevant evidence during the discovery process. Court issued sanctions can range from paying fines to the court or expenses incurred by the opposing party to having the case dismissed. One Virginia plaintiff who filed a lawsuit after his vehicle collided with a locomotive, was recently the recipient of such sanctions.

According to reports, the car accident plaintiff failed to disclose several felony and misdemeanor charges as well as a prior injury that required him to call an ambulance to transport him to the emergency room. The injuries associated with the undisclosed emergency room visit were noted as being similar to the injuries that the plaintiff claimed to have received in his car accident.

As a result of the plaintiff’ omission of relevant evidence, the plaintiff will be required to pay fees and expenses associated with having additional depositions taken. The plaintiff’s attorney will also be prohibited from using certain evidence at trial. This could have a detrimental effect on the plaintiff’s case. Plaintiff’s involved in civil litigation should always provide their attorney with complete and accurate information, even if they think that certain facts could harm their case. An experienced Virginia attorney may be able to make a strong case on your behalf regardless of your past criminal or medical history.