Interrogatories: A Crucial Aspect of Discovery in a Personal Injury Lawsuit

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People file a personal injury claim when they have been hurt due to someone’s negligence. Through a claim, they can obtain compensation for the losses they have incurred.

Most personal injury cases are settled out of court. However, a very small number of cases go to court. Around 4% of personal injury cases go to court, while the other cases are settled outside the court. 

A lawsuit is a very complex, long, and stressful process. It is best to get help from experts like personal injury lawyers from TopDog Law. Without professional help, you will be lost, and the defendant’s lawyer will take advantage of you.

One of the phases in a lawsuit is the discovery phase. In this phase, both parties will exchange written questions in order to gather information.

These questions are known as interrogatories.

Interrogatories

Interrogatories play a crucial role in gathering important information from the other party. Since both parties will be writing the response to interrogatories under oath, the information can be trusted.

How Many Interrogatories Can You Send to the Other Party?

If it is a civil case in federal court, you can send 25 interrogatories to other parties. If more than one person is involved in the case, you can send 25 interrogatories to each party.

The number of interrogatories you can send can differ if it is a civil case in state court. Speak with your lawyer to know your state’s limitations.

Should You Respond Immediately?

You have 30 days to respond to the interrogatories, according to federal law. Most states also follow the same 30-day rule. It is important to think about the questions and answer them carefully. 

Whatever you write as a response can be used against you in court. So be careful and honest.

Should You Only Ask Yes or No Questions?

Many make the mistake of asking yes or no questions. It is best to ask questions for which you will receive a more open response. This way, you can extract more information from the other party.

It is not necessary for all interrogatories to end with a question mark. You can form the interrogatories any way you want.

Objections

Both parties are allowed to raise objections to any interrogatories. You can raise objections to confusing questions and questions that request inadmissible evidence.

Remember that the law requires you to answer all the other questions that are not objected to. 

Compel to Response

You can file a motion to compel in court if the other party has failed to provide a response within the deadline or raised invalid objections.

However, it is best to speak with the other party about responding to the question before filing a motion to compel. 

When you file a motion to compel, the judge will verify whether the objections are valid or not. If the court finds the objections invalid and the other party still doesn’t provide a response, they will be held in contempt of court.

How a Lawyer Can Help

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You may have never heard of the term interrogatories. There are many more terms like this. A lack of knowledge of personal injury law can lead to losing the case.

This is where personal injury lawyers come in. A personal injury lawsuit is a once-in-a-lifetime event for you but a part of their daily lives for lawyers.

They will know all about personal injury law. They know what questions to ask to extract important information from the other party. 

In addition, experienced lawyers will know the opposition and the different strategies they will use in a personal injury case. So they will be able to counter them effectively.