Interrogatories - The Request for Further information in Personal Injury Cases
Usually, people go about their daily lives without thinking about law work. But injury victims will need to learn about this process. After all, filing an injury case and the unique elements of the case are information intensive. Discovery is one of the main ways a personal injury plaintiff develops and proves plaintiff's burden.
- The information provided here will help to educate the person interested in knowing more.
- Now this person will know about the process of collecting data and preparing a case.
Gathering the right information from the start can help in preparing. Knowing what to expect with the legal process is vital. And choosing the right injury lawyer, in particular, is also paramount. Specific discovery rules govern lawsuits. These rules intend to give the plaintiff and defendant the capability to assemble valuable information.
After the filing of a lawsuit, attorneys use specific methods to obtain relevant information during court cases. This information can include personal injury case law, etc.
- One of these tools of discovery is the use of interrogatories.
- Plaintiff and the defense use these questions.
The information provided can help streamline the process in a personal injury case. Because of these answers, parties can better understand the specific terms and timelines.
What Are Interrogatories?
In California personal injury cases, both the plaintiff and defense make a list of questions. First, they send these interrogatories to the other side. Next, the other side provides answers. At least, that is the idea. This article covers Special Interrogatories, and Judicial Council approved Form Interrogatories. Covered elsewhere, will be our discussion on Requests for Production of Documents and Things.
So this is a simple process. First, you must mail "Form" and “Special Interrogatories” to the other side. These special questions seek to identify something. For example, they will ask for names, addresses, phone numbers, birth dates, employment, etc.
- Request For Admissions.
Other types of informal discovery include handcrafted “Requests for Admissions,” asking the other party to admit or deny something like “ADMIT the medical bills are reasonable,” etc. And of course, there are also “Requests for Production of Documents and Things,” that can force a party to turn over real documents and things like DVD’s, for inspection and examination. These are all known as informal discovery.
- Form Interrogatories
Judicial Council approved Form Interrogatories have boxes a party can check with specific questions. So the Court will typically want to know the answers too. Most of all, these are an excellent method to use to obtain basic info like birth dates, whether or not the other party has a liability insurance policy. That way, we know if some kinds of coverage for the accident or mishap, etc. are available.
Sometimes Responses are "No Response At All"?
Of course, the party that receives the interrogatories must provide proper answers to the questions they received. Along with these guidelines, there is a time frame. Thirty days from receipt, plus time for mailing, is the common rule. But the responses must also be verified, or they constitute “no response at all.” (See Appleton v. Superior Court.)
The written answers must be accurate to the best of the individual’s knowledge. And the responses must have a written verification tofthis fact. As discussed, the questions in the interrogatories will usually be about the background. So these will seek info about past injury claims, past medical histories, etc.
Employment history will be sought. Focusing on specific types of questions helps discover evidence. Fishing expeditions are proper during initial discovery. But if objected to, this evidence may not come in at trial. But since it could lead to other admissible evidence, courts allow liberal discovery.
The questions might involve how specific injuries occurred from the incident and potential witnesses. Each state has its own rules and guidelines. In all events, in California, it remains essential to retain a trained personal injury lawyer. Most of all, knowledgeable lawyers in the state where your incident occurred. That way, they know how the state deals with the questions and answers for discovery.
When court-approved interrogatories are used, the other party must respond to the questions. After all, it is considered by many judges to be mandatory to comply with the approved interrogatories. However, they are objectionable. But not every question may be valid in your case. So don't just check every box. After all, you could be sanctioned for abusing the discovery process.
What Effect Interrogatories Do Answers Have in a Personal Injury Lawsuit?
The answers to the questions included in the interrogatories are crucial for each side. After all, it will determine the direction the lawyers will take on behalf of the plaintiff and in the name of the defendant. Courts call these answers "admissions." So these give the lawyer the capacity to read the responses in court out loud. Experienced know there is power in using the admissions from the interrogatories in court.
And these answers can be later used to impeach or contradict the deponent. Untimely interrogatories can be compelled, a motion for “sanctions” can accompany this motion. Some courts treat bogus responses or nonresponses as contempt of court.
What discovery can do, is to make the person educated in what to expect. Discovery helps the client work with their lawyer. Above we saw that interrogatories are helpful tools. Conducting discovery builds a solid case. Look at our blog to learn more.