If you have been injured in an accident and decide to pursue legal action, there are many processes and terms which you may not be familiar with. One of these are interrogatories, which typically happen very early on in your case, during the discovery phase. But what is an interrogatory, and should you be concerned?

(We would like to remind you that it is always advisable to hire a personal injury attorney to help you with any claim or lawsuit. However, even with representation, you will feel more comfortable if you know what to expect.)

Interrogatories Defined

Interrogatories are an integral aspect of the discovery process when conducting a lawsuit.

Discovery involves each party to the lawsuit collecting relevant information regarding the case facts. According to Florida law, interrogatories are limited to 30 questions unless the court allows more based on motion and notice – and for good cause.

Each interrogatory is required to be answered fully and in writing. Answers are considered as under oath (thus must be truthful). The party receiving the interrogatories must furnish the answers – and any objections they may have to the questions – within 30 or 45 days after the service of the interrogatories, depending on the particulars of the case. The court always has discretion to allow a shorter or longer time to be set for response.

Your personal injury attorney will assist you in answering the questions. It is important that you answer the interrogatories truthfully, but without offering up any information they did not ask for. Your attorney may also object to certain questions on your behalf. Reasons for objection may include information protected by attorney-client privilege, posing a question that is too general, or asking for more information than you are legally required to provide. Because an attorney is well-versed in these matters, it is highly recommended that you do not answer interrogatories without legal assistance.

Many of the questions asked in interrogatories are standard, especially if provided by an insurance company or corporation that deals with these lawsuits on a regular basis.

Personal information: You will be asked for your full name, maiden name or other alias, date of birth, address and phone number, Social Security number, marital status, and number of dependents.
Employment Information: You may be asked about your current and possibly past employers, job title, job responsibilities, and salary information. These questions are often related to a claim for lost wages.
The Accident in Question: The interrogatories in this category relate to your account of how the accident happened, as well as facts and evidence you have to back up your claim. They will also inquire about witness contact information, whether you have spoken to them since the accident, and what they said.
Your Injuries: As your injuries are typically the basis for your lawsuit, you will be required to detail your injuries fully and specifically. In addition to your injuries, you will be asked about past medical history, medical treatment, procedures, hospital and doctor names, medications prescribed, and details of your prognosis.

Do You Need an Attorney to Answer Questions?

Although the insurance company (or other party) may seem very sympathetic and nice, they are motivated to pay you as little as possible. There is a lot of reason to be cautious, as “anything you say can and will be used against you.” You will want to be truthful, but not provide additional information which may work against your case. They will also be able to advise you as to any question which is inappropriate or illegal, and they can officially object.

If you are considering a personal injury lawsuit and live in the Sarasota or Tampa area, call the offices of Probinsky & Cole. We will take the guesswork and worry out of the process, and help you to navigate your case successfully.