Serious Personal Injury Lawyers Blog

On May 2, 2008, Partner Allan M. Siegel was invited to speak at the Supreme Court to address the winners of the National Capital Lawyers Auxiliary’s Annual Law Day Contest. The essay contest was open to all sixth grade students in the District of Columbia public schools. The theme of the essay contest was “You Make a Difference.” It was meant to encourage students to consider their roles, as it relates to the law, in maintaining the freedoms we share while also fortifying the reality that these rights require responsibilities for all residents and citizens. Allan had the honor of joining Supreme Court Justice David Souter on this panel. Allan discussed the importance of the concluding words of the Pledge of Allegiance – “with liberty and justice for all.” He emphasized that one way each and every 6th grade student could make a difference is by ensuring that justice was guaranteed to all, by making sure the courthouse doors stayed open to all Americans – rich or poor. However, the highlight of the day was when the 6th grade finalists read portions of their essays to the audience. It is clear that these wonderful students have and will make a difference in our world.

Whenever a party claims that they were physically or mentally injured as a result of the wrongdoing of another, that party is subject to a request by the other side to submit to a physical or mental examination. Requests for physical examinations when there are ongoing complaints are common. The party requesting the examination obtains the report which must be provided to the lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. Requests for mental examinations as a result of a claim for a brain injury are another story however. The law firm of Chaikin, Sherman, Cammarata & Siegel has a reputation for aggressively protecting of their clients rights and interests. We also have a large number of clients who have sustained brain injuries. Defendant’s requests to examine an individual’s brain by neurological or neuropsychological testing is put under careful scrutiny. Rarely, if ever, is a request by a defendant for neuropsychological testing accepted by lawyers at Chaikin, Sherman, Cammarata & Siegel without a Court review of the precise components of the examination and a limitation on that examination to the greatest extent possible. The opportunity for abuse when an individual is being subjected to an examination is great. Accordingly, the vigilance on behalf of our clients is high. Although the requests for mental and physical examinations are an available discovery device, they are frequently the subject of objections and requests for judicial scrutiny.

by Ira Sherman, Esq.

Requests to inspect the premises of a manufacturing facility, a location at which there was a slip and fall or any other location relevant to the lawsuit in the custody and control of the opponent is a frequently utilized discovery device. The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. will frequently take their video or other cameras, and occasionally an expert, to inspect, photograph, photocopy, videotape, or otherwise record an accident scene, or the vehicle that caused the injury to our client, particularly a large truck. The use of a Request to Inspect can also be valuable when there was an injury to a person or property caused by, for example, a water leak. The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. recently completed a lawsuit against the landlord relating to injuries sustained when the ceiling fell on our client’s head. The premises were subject to a Request to Inspect to determine why the ceiling fell after it had been repaired from a water leak and why the water continued to leak despite the repair. In “the group home cases”, which this law firm has received favorable recognition, we often would inspect and potentially photograph, by videotape or otherwise, the living conditions of the individuals in the group home that we represented. Requests to Inspect and Photocopy are extremely important component of the discovery of facts in a lawsuit.

by Ira Sherman

Request for production of documents are a second basic form of discovery exchanged between the parties at the early stages of a lawsuit. An example of a set of Request for Production of Documents for an automobile accident case is attached to this blog. Request for Production of Documents generally seek documents relating to the amount of insurance, the reports and credentials of experts, reports relating to the accident, statements taken from parties and witnesses relating to the accident and other matters relevant to the lawsuit.


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On May 10, 2008 Partner Allan M. Siegel will be inducted as the President of the Trial Lawyers Association of Washington, D.C. (“DC-TLA”) at is Annual Awards Dinner which is being held at the National Press Club in Washington, D.C. The organization will also be honoring the American Association of Justice President, Kathleen Flynn Peterson, Retired Maryland Court of Appeals Judge Howard Chasanow, and Robert Peck of the Center for Constitutional Litigation.

DC-TLA is an organization which is dedicated to preserving the rights of, and advocating on behalf, of those who are injured by the negligence of others. Its members share an abiding commitment to maintaining a civil-justice system that enables citizens to have their claims for full and fair compensation adjudicated by a trial by jury. The organization supports the legal community by championing legislation that promotes and protects our clients’ rights and by providing high-quality educational programs for its members. Allan will have served as the Secretary, Treasurer, Vice President and President–Elect of the organization prior to his taking over as President on May 10, 2008. Allan will be the third member of Chaikin, Sherman, Cammarata & Siegel, P.C. to have been President of this prestigious organization, following in the footsteps of Donald Chaikin, Partner Emeritus, and Partner Ira Sherman.

Interrogatories are a set of written questions presented to an opponent for them to answer, in writing, under oath. A sample set of interrogatories in an automobile accident is appended below this blog for those of you curious to see the types of questions Chaikin, Sherman, Cammarata & Siegel would likely present to an opponent in an automobile accident case. A sample of interrogatories sent by the opponent to Chaikin, Sherman, Cammarata & Siegel to be answered by our client is attached below. Interrogatories sent with a lawsuit generally require a party to provide an answer within 45 days. Interrogatories or other discovery sent after a lawsuit has been served usually permit the party only 30 days to file its responses. Interrogatories usually ask the parties questions that reveal their identity, their employment, housing and driving history, the injuries they have sustained, a history of their medical treatment and requests for a list of medical bills.
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by Ira Sherman

After a lawsuit is filed, each party is permitted to conduct an investigation into facts the other side has which would either support their own case or provide support to the defenses asserted by the other party. This process is called “discovery”. The discovery phase of a lawsuit permits each side to obtain information, seek documents, photograph things relevant to the lawsuit, and other activities more fully described in blogs to follow.

by Ira Sherman