Discovery is an essential component of car accident cases; without it, parties would not be able to adequately develop their claims or defenses. Not all information and documentation is discoverable, however, and even if evidence is subject to discovery, it may be protected by one or more privileges. Relevance and privilege in the context of discovery was the topic of a recent Texas opinion issued in a case arising out of a collision, In re Central Oregon Truck Co., Inc., — S.W.3d —- (2022), in which the court ultimately held that information regarding the injured party’s medical billing was relevant. If you were hurt in a car crash, it is important to understand your rights and obligations, and you should meet with a Texas car accident lawyer as soon as possible.
Facts of the Case
It is alleged that the plaintiff was injured in a collision in which she was rear-ended by the defendant driver. She subsequently filed a lawsuit against the driver and because the driver was working at the time of the accident, his employer. During the course of discovery, the defendants subpoenaed the plaintiff’s medical providers to obtain her medical records and billing information. The plaintiff moved to quash the subpoenas, arguing that the information sought was irrelevant. The court ultimately denied her motion.
Discoverability of Information in Car Accident Cases
Pursuant to Texas law, a party is permitted to attain discovery pertaining to any matter that is relevant to the issues presented in the underlying action, as long as it is not privileged, regardless of whether it relates to the defense or claim of the party seeking the information or another party in the case. All discovery is subject to a proportionality standard that requires a case by case assessment of judicial considerations. Continue Reading