What are interrogatories and how can they be used against me? | Shapiro, Washburn & Sharp

Interrogatories are written questions that parties involved in a legal proceeding, such as a personal injury case, can send to each other to gather information relevant to the case. These questions are typically part of the discovery process, where each side seeks to obtain facts, evidence, and other information from the opposing party to prepare their case for trial. While interrogatories can be a valuable tool for obtaining information and building a case, they can also be used against you if not handled carefully. Here’s a closer look at interrogatories in a personal injury case and how they can be used against you:

Purpose of Interrogatories

Interrogatories serve several purposes in a personal injury case. They allow parties to obtain relevant information from each other, clarify issues in dispute, and identify potential witnesses and evidence. Interrogatories can cover a wide range of topics, including the circumstances of the accident, the extent of the injuries, medical treatment received, financial losses incurred, and any prior injuries or medical conditions.

Formulating Responses

When you receive interrogatories in a personal injury case, it’s essential to carefully review each question and provide truthful and complete answers within the specified time frame. Failure to respond to interrogatories or provide evasive or incomplete answers can have serious consequences, including court sanctions or adverse inferences against you.

Admissions and Contradictions

Interrogatory responses can be used to establish admissions or contradictions that may weaken your case or strengthen the opposing party’s arguments. For example, if you admit to certain facts or statements in response to interrogatories, those admissions can be used against you at trial to establish liability or damages. Similarly, if your responses contradict other evidence or testimony in the case, they may undermine your credibility and harm your case.

Cross-Examination

Interrogatory responses can also be used to prepare for cross-examination at trial. Attorneys may use your written responses to interrogatories to identify inconsistencies or weaknesses in your testimony and impeach your credibility before the jury. For this reason, it’s crucial to provide truthful and consistent answers to interrogatories to avoid damaging your credibility in court.

Scope and Relevance

It’s important to note that interrogatories must be relevant to the issues in the case and reasonably calculated to lead to the discovery of admissible evidence. Parties cannot use interrogatories to harass, intimidate, or unnecessarily burden the opposing party. If you believe that certain interrogatories are overly broad, irrelevant, or unduly burdensome, you may seek relief from the court through motions to compel or protective orders.

Privileged Information

Interrogatory responses may also implicate privilege or confidentiality protections, such as attorney-client privilege or work product doctrine. If you receive interrogatories seeking privileged information, you may assert objections and withhold disclosure of such information. However, it’s essential to consult with your attorney to determine the appropriate grounds for objection and ensure compliance with applicable rules of procedure.

Strategic Considerations

When responding to interrogatories in a personal injury case, it’s essential to consider the broader strategic implications of your answers. Your attorney can help you formulate responses that advance your legal position while minimizing potential risks and vulnerabilities. Additionally, your attorney may use interrogatory responses from the opposing party to identify weaknesses in their case and develop effective counterarguments.