Understanding Your Personal Injury Case; Rule 26

Once the Complaint is filed, and there is an Answer (see our earlier Blogs) one of the first major events in a case are Disclosures under C.R.C.P. 26(a)(1).

In theory, under Rule 26, each side is required to identify the people, documents and things that may be relevant to the claims and defenses in the case.  Each party is required to provide that list early in the case, and without waiting for a formal discovery request.  We will address discovery in a future Blog.

The Rule 26 Disclosures also include an itemization of all of the damages you are claiming, by category.  This includes any medical expenses, and lost wages.

It is important that the client work closely with the attorney to make sure all the witnesses and potential exhits are included, and that the itemization of damages is complete and accurate!