Typically, the first step for both sides in discovery is to send written questions for the other side to answer. These written questions are called interrogatories. In many areas, you will answer these questions under oath, even though they are written and you will not be in a courtroom. Interrogatories will usually ask you about the accident, your background and your damages, including any past injuries or problems for which you have sought health care, as well as any previous legal claims in which you were involved. You may also be asked to provide details about any income you lost or information about your past employment. The goal is to build a story about the relevant parts of your life before and after the accident. When you have written your answers, you will sign them and they will be sent to the defendant’s lawyer.

We find that some clients are initially reluctant to answer these questions, because they can be personal or stray into topics considered impolite or irrelevant. Your lawyer can and will formally object to an inappropriate interrogatory, or to a number of interrogatories that exceeds limits set by your state’s laws. However, these questions are usually being asked because they are relevant to your case. Most of the information about your health and your finances is considered "discoverable," which means it is a fair question during discovery. Your responses help your own lawyer and the other side gather the information they need to evaluate your claim, which helps you get closer to settling your case fairly.