Personal injury lawsuits can be long and complicated, and we always recommend hiring a local personal injury attorney to help guide you through the process. Still, learning about the process can help reduce unnecessary stress in your life as the case drags on. Understanding the steps of a personal injury lawsuit can also help ease any concerns you have about going forward with a case. One term you might hear is ‘interrogatory.’ You might surmise it involves questioning, but do you know exactly what it entails? Today, we will briefly overview interrogatories in personal injury lawsuits.
Defining The Term – Interrogatory
Simply put, an interrogatory is a set of questions that one party sends to another in order to get concise and accurate answers that can be mutually assumed to be truthful going forward. An interrogatory takes place during the discovery process, and answers given through this process are considered under oath. If you receive an interrogatory request, you have a set amount of time (usually 30 days) to provide accurate and truthful answers or object to the inclusion of specific questions.
As opposed to a cross-examination or deposition, an interrogatory is a simpler process intended to get your side of the story in writing, along with any evidence you plan to bring for your case. If you have an attorney representing you in your personal injury lawsuit, they can assist with any part of the process, including the answering of interrogatory questions. All questions lawfully requested by the opposing party (such as the insurance company) must be answered in full, but that does not mean you should volunteer information that is not required. Your attorney can object to questions that do not have valid reasoning or violate specific regulations of legal proceedings. 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.
Types of Questions Asked on Interrogatories
Most questions asked will be similar or identical to other accident lawsuits, so having an attorney with you during the process means you can know beforehand the type of information you need to retain and which answers you will have to divulge.
Common questions include:
- Personal Information – Your personal information, such as name, age, address, and place of employment.
- Insurance – State any insurance coverage plans that may provide funds or coverage regarding this incident.
- Witnesses and Witness Statements – Provide information regarding the witnesses you intend to rely on in your case, what they intend to say, and when and where their statements were produced. Information about your expert witnesses should also be included, such as their level of expertise and whether or not they are being compensated for their testimony.
- Personal Fault – State to what extent you are personally responsible or liable for the accident, or state the names and information of who you contend is responsible in this matter.
There are many more questions, but your attorney can help organize your information to provide responses for your interrogatory. This process is designed to give both sides an idea of how the other side intends to portray the case and lets each party decide beforehand if they want to fight the case in court. If the answers to the questions are thorough and plentiful with evidence, the insurance company might have difficulty denying your claim. Remember that a friendly insurance company asking questions is never interested in your well-being; they hope to find ways to lessen their payout.
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.
