In any personal injury lawsuit, there are times when the process can feel overwhelming. This feeling is more common when you try to handle insurance negotiations by yourself; with an attorney to guide you, understanding specific procedures, like interrogatories, is a much easier and more straightforward process. If you have ever heard the term ‘interrogatory’ and wondered what it meant, we are here to explain what they are, how they impact your case, and why answering correctly is vital to your lawsuit’s success.
What is an Interrogatory?
An interrogatory is a set of written questions one party sends to another during the discovery phase of a lawsuit. The purpose is to gather relevant information clearly and concisely, under oath, before the trial begins. Unlike depositions, which involve live questioning, interrogatories are conducted in writing, giving the respondent more time to think and prepare answers.
Responses to interrogatories can shape the direction of your case. Both parties—plaintiff and defendant—know the answers and are therefore transparent about the evidence they intend to use and address in court. Importantly, because the responses are under oath, they carry legal weight, just like testimony in the courtroom.
Discovery is the phase before a lawsuit when both sides exchange information and evidence. As mentioned, interrogatories are part of this process, but they also involve requests for documents and other evidence-gathering methods. Despite being simple and straightforward, interrogatories are one of the more effective methods of gathering information.
Responding to Interrogatories
When you receive interrogatory questions, you typically have 30 days to respond. These responses must be truthful, thorough, and submitted under oath. The questions often start simple, covering a wide range of topics and eventually transitioning into questions about the accident and injury in question. Since your answers could be used in court, working closely with your Florida PI attorney to ensure you don’t leave out critical details or offer too much information is the best way to respond, both legally and for the purposes of winning a lawsuit.
The types of questions you’re asked can vary, but they generally fall into several categories, including:
- Personal Information: These questions gather basic information, such as your name, age, address, and employment status.
- Details About the Incident: You will be asked to describe the accident that caused your injury, including where, when, and how it occurred.
- Insurance Information: You may be asked to disclose any insurance coverage that could apply to the incident, including health and auto insurance policies.
- Medical History and Injuries: The opposing party may request details about your injuries, medical treatment, and whether you had any pre-existing conditions relevant to your claim.
- Witness Information: You will be asked to provide witnesses’ names, contact information, and a summary of what they saw or heard during the incident.
- Personal Liability or Fault: The opposing party might ask you to explain how you believe the accident occurred and who you think is responsible. They may also inquire whether you feel you were partially at fault for the accident.
Since Florida uses comparative negligence calculations, how you respond can affect your ultimate compensation.
For plaintiffs, thorough and accurate responses can pressure insurance companies or defendants to settle the case, particularly if the answers demonstrate clear fault and significant damages. On the other hand, the opposing party—often an insurance company—uses interrogatories to minimize their liability and reduce the payout. This is why you must never assume the questions are simple or innocuous.
If you’re pursuing a personal injury lawsuit in Florida after suffering an injury due to someone else’s negligence, don’t attempt to negotiate with insurance companies or take them to court alone. Contact Probinsky & Cole today and schedule a consultation with our team.
