Interrogatories are a discovery tool in personal injury cases. Interrogatories are a routine part of personal injury lawsuits. They are a set of written questions sent by one party or side, to the other. They are part of the discovery phase of the lawsuit. The purpose of Interrogatory questions is to obtain information, i.e. discover information, about the other party. The questions will usually have a set of instructions to help define the terms or specific time frame of the interrogatories.
The party served with Interrogatories must give written answers within a time deadline, usually 30 days. The answers also must have a written verification signed by the party that the answers are true and correct to the best of their knowledge information and belief.
These questions can delve into the background of the party. For example, work history, medical history, previous injuries, prior insurance or injury claims are often asked. The standard is that it is proper to ask questions that may lead to the discovery of admissible evidence.
The interrogatories often will ask about the incident which caused the injury, potential witnesses, experts, and medical treatment and financial losses since the incident occurred.
Some courts, such as Philadelphia County, Pennsylvania, have a set of standard interrogatory questions which can be used in personal injury cases like auto accidents. The advantage of using the standard set is that it makes it difficult for the responding side to object to the questions, as they've already been approved by the court.
The lawyer for the answering litigant will assist in responding. The responses are a key part of the case because all responses are considered an "admission". This means they can be read to a judge or jury in open court. This can be powerful to the outcome of the case. They can also be useful in the ongoing discovery phase of the case. They can be used during depositions of the answering party or other witnesses. The lawyer can 'confront' the person being deposed with the answers and ask them additional questions or otherwise test their knowledge.
If the answering party does not send answers within the time deadline, the requesting party is usually going to file a motion with the court. The motion will ask the court to issue an order to compel answers. If still no response to the interrogatories is received, then the next step is usually the requesting side will file a second motion for "sanctions" with the Court, including possible contempt of court.
