There are many steps your Virginia Beach personal injury lawyer will take in your case. One part of this process is the discovery phase. This is where both sides exchange information to prepare for trial. A critical tool used in this phase is interrogatories.
If you have been injured in an accident caused by another party, call Shapiro, Washburn & Sharp to schedule a free consultation to discuss your legal options.
What Is the Discovery Phase in a Personal Injury Lawsuit?
The discovery phase in a personal injury lawsuit is a pre-trial process where both parties exchange information and evidence relevant to the case. Its primary goal is to ensure fairness by allowing each side to know the facts and evidence the other intends to use so they can prepare accordingly. Discovery can help clarify the issues in dispute and often leads to settlements before trial.
Interrogatories are written questions that one party in a lawsuit sends to another party to gather information relevant to the case. They serve to gather information and evidence to build and strengthen the case.
Purpose of Interrogatories
Interrogatories are used to elicit specific information, facts, and details relevant to the personal injury claim. The party propounding the interrogatories (usually the plaintiff or defendant) seeks to obtain information from the opposing party to better understand their version of events, the extent of their injuries, their medical history, and other pertinent details.
Written Format
Interrogatories are written questions formulated by one party and sent to the opposing party. They are typically prepared by the attorney representing the party and are structured in a clear and specific manner to obtain precise information.
Scope of Interrogatories
Interrogatories cover various aspects of the personal injury claim, including:
- Details of the incident: Interrogatories may ask for a detailed account of the events leading to the injury, including the time, date, location, and individuals involved.
- Injuries and medical treatment: Interrogatories often inquire about the nature and extent of the injuries sustained, medical treatment received, past medical history, and pre-existing conditions that may relate to the claim.
- Witnesses and evidence: Interrogatories may seek information about potential witnesses, photographs, videos, or any other evidence relevant to the case.
- Damages and losses: Interrogatories may inquire about the financial impact of the injury, including medical expenses, lost wages, property damage, and other economic damages claimed by the injured party.
Timing and Responses
Once the interrogatories are served, the opposing party is typically given a specific period of time to provide written responses. This allows the party receiving the interrogatories to gather and organize the necessary information before responding.
Sworn and Verified Responses
The responses to interrogatories are given under oath and must be truthful to the best of the party’s knowledge. The responding party is expected to provide complete and accurate answers based on the information available to them at the time.
Use in Litigation
Interrogatories serve as a critical tool for both parties to assess the strengths and weaknesses of their respective cases. The answers provided can be used during settlement negotiations, to build arguments, to support or challenge claims, or to prepare for trial.
Objections and Privileges
The party receiving the interrogatories can raise objections to certain questions if they believe they are irrelevant, unduly burdensome, or protected by a legal privilege. Common objections include attorney-client privilege, work-product privilege, or objections based on the scope of the interrogatories.
Follow-up Interrogatories
Depending on the initial responses, follow-up interrogatories may be allowed to seek further clarification or additional information on specific issues raised in the initial responses.
Why You Should Consult with a Personal Injury Lawyer
It is essential to consult with an experienced Virginia Beach personal injury attorney when responding to interrogatories to ensure compliance with legal requirements and to provide accurate and appropriate responses. Your attorney can help formulate effective interrogatories or navigate the process when responding to interrogatories from the opposing party, maximizing the effectiveness of this important discovery tool in a personal injury claim.
If you think you have grounds for a personal injury case, contact Shapiro, Washburn & Sharp to schedule a free case evaluation with one of our skilled Virginia Beach injury lawyers. Our personal injury attorneys have successfully obtained financial compensation for many clients, like the $235,000 car accident insurance settlement for one client who suffered multiple injuries when another motorist negligently failed to yield the right of way.
Our firm also has satellite offices in Hampton, Norfolk, and Portsmouth.
RELATED CONTENT
Since 1984, Jim St. Clair has fought and helped Virginia Beach personal injury clients overcome some of the most traumatic moments of their lives. Whether you have been in an accident caused by the fault of another or a victim of medical malpractice, the results can leave you profoundly damaged physically, mentally, and economically. You may be entitled to substantial compensation. Jim is a seasoned and experienced personal injury trial attorney with 40 years of experience. He graduated with honors from Creighton University School of Law in 1984 and then served in a prestigious federal law clerk position for the late U.S. District Judge J. Calvitt Clarke, Jr., in the United States District Court for the Eastern District of Virginia. Over several decades, Jim has enjoyed remarkable success advocating for injured clients and has won notable multimillion-dollar settlements and verdicts. He has tried cases in Virginia General District and Circuit Court and in the Eastern and Western District Virginia Federal Court. In one case that went up on appeal to the Supreme Court of Virginia, he convinced the court to change the law regarding the statute of limitations in Virginia medical malpractice “misdiagnosis” cases. Jim’s areas of Virginia personal injury law practice include medical malpractice, car and truck injury cases, dog bite injuries, and cases involving negligence at business premises. Within these areas of law, he has also successfully prosecuted numerous wrongful death actions. Outside the courtroom, Jim has served on the board of directors of the Better Business Bureau, taught as an adjunct professor for business law at Old Dominion University, instructed future paralegals at the American Institute of Paralegal Studies, and lectured Virginia attorneys on the subject of “insurance litigation in Virginia.” He is a member of the Virginia Trial Lawyers Association and the Virginia Beach Bar Association. If you have been impacted by the negligence of another, contact Jim St. Clair today for a free, confidential personal injury law consultation.
