If you have been struck by a careless driver, you can bring a personal injury claim to seek compensation for the physical, emotional, and financial harm that you have suffered. However, it can be challenging to go through the litigation process and thoroughly deploy all of the tools that you may have at your disposal. Elkins auto accident lawyer Dorwin J. Wolfe is available to assist you with bringing a claim and ensuring that your rights are asserted from start to finish. One of the most essential parts of any personal injury case is discovery. During this phase, the parties are allowed to send written questions to each other, known as interrogatories, in addition to using other information-seeking mechanisms. Through discovery, you can gather evidence to support your claim and facilitate settlement negotiations.Using Interrogatories in a Personal Injury Lawsuit
Rule 33 of the West Virginia Rules of Civil Procedure governs the use of interrogatories in litigation. A party may serve interrogatories on another party at any time in the litigation without seeking prior permission from the court. Interrogatories are essentially questions related to the accident, or any other matter relevant to the litigation, that the other party must answer under oath. The rule limits the number of interrogatories that may be served on a single party to 40, so they must be allocated wisely. There are some instances in which a party can ask for permission to serve additional interrogatories, however, upon a showing that the interrogatories are necessary and do not pose an undue hardship to the responding party.
Common examples of interrogatories in car accident cases may include questions that seek more information about the defendant’s driving record and the activities in which the defendant engaged during the time leading up to the accident. For example, the plaintiff may want to investigate whether the defendant had been taking prescription medication or was using a cell phone at the time the accident occurred. This may be helpful in showing that the defendant’s behavior fell below the standard of reasonable care with which all drivers are expected to comply. Each lawsuit is different and requires a unique set of interrogatories to uncover as much information as possible through the discovery process. Defendants also may serve interrogatories to plaintiffs, seeking information that may limit or eliminate their liability. It is important to seek guidance from a knowledgeable attorney before responding to them so that you do not inadvertently undermine your case.Retain a Car Accident Lawyer in Elkins or Beyond
At the Wolfe Law Firm, Elkins attorney Dorwin J. Wolfe knows how important it is to conduct thorough discovery in a personal injury claim. Obtaining the evidence that a victim needs to prove his or her case is a vital aspect of the litigation and something that we take seriously. We fight for the rights of accident victims throughout West Virginia, including in Clarksburg, Morgantown, Bridgeport, and other cities throughout Mineral, Randolph, Harrison, Barbour, Braxton, Grant, Lewis, Marion, Hampshire, Pendleton, Preston, Pocahontas, Taylor, and Tucker Counties. Call us at 877-637-5756 or contact us online to schedule a free consultation with a motor vehicle collision attorney.