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Litigation Review: State Farm Interrogatories

Sample interrogatories from State Farm in one of Tien Law Firm’s personal injury litigation cases, which resulted in a settlement offer from State Farm for our client on the eve of trial.

Interrogatory No. 1: State your full name, current address and any and all other names which you have used or by which you have been known.

Interrogatory No. 2: If you are or ever have been married, state the name of your spouse(s), the date(s) of the marriage(s), the manner in which the marriage(s) ended, if applicable, and the name(s) and age(s) of all of your children.

Interrogatory No. 3: Please provide your Social Security Number and, if applicable, your Health Insurance Claim Number and/or Medicare Number.  The Social Security Number will be provided to Medicare for determination of each individual’s Medicare eligibility for reporting purposes mandated by Section 111 of the Medicare, Medicaid, and SCHIP Extension action of 2007.

Interrogatory No. 4: State every address you have had for the past 10 years.

Interrogatory No. 5: Is or has your license to drive an automobile ever been restricted in any manner by any state or states?  If so, state when, in which state or states your license was so restricted and the nature of the restriction.

Interrogatory No. 6: Do you currently hold or have you ever held any professional licenses? If so, identify the license, the entity through which it was obtained, and state whether the license has ever been suspended, revoked, or restricted in any way.

Interrogatory No. 7: Have you ever been arrested, or convicted of any crime punishable by more than 30 days in jail?  If so, list every time you’ve been arrested and for what alleged offense; state when it happened and where; and state what became of the charges.  And for any convictions or guilty pleas, give details of the charge, the date of each incident leading to the charges, and the court in which the case or cases were heard.

Interrogatory No. 8: If you have ever asserted a claim for damages or for compensation for personal injuries, whether against a third party or by way of a workers compensation claim, state the date of the injury, the nature of the injury and the nature of the claim.  If applicable, state the gross amount, before deducting attorneys fees, of damages or compensation received.

Interrogatory No. 9: Describe with particularity all automobile accidents other than the one which is the subject of this lawsuit in which you have been involved, whether as a driver or a passenger.

Interrogatory No. 10: If you sustained any injuries in the accidents described in interrogatory number 9, state:

(a)       The nature and scope of each injury;

(b)       The treatment received for each injury;

(c)        Identify any and all medical personnel who treated you for said injury or injuries.

Interrogatory No. 11: State the name and address of each high school, college or educational institution you have attended, listing the dates of your attendance, the grade and/or year of college completed, together with any degree(s) you attained.

Interrogatory No. 12: Describe with particularity your activities on the day of the accident that is the subject of this action.

Interrogatory No. 13: Describe with particularity any alcohol, drug, medicine, pill, controlled substance, or other intoxicating agent consumed during the 24 hours immediately preceding the accident in question.  Include with your answer when they were consumed, the amounts which were consumed, and state the names of anyone who either witnessed you consuming the substance or otherwise has knowledge of it.

Interrogatory No. 14: At the time of the incident referred to in the Complaint, did you have any condition for which you wore corrective lenses or for which corrective lenses had been prescribed for you?  If so, give a brief description of the condition and whether or not you were wearing the lenses at the time of the incident referred to in the Complaint.

Interrogatory No. 15: At the time of the accident giving rise to this lawsuit, did you have access to any form of mobile communications device, such as a cell phone, walkie-talkie, etc.?  If so, state the name or names of the service provider for your device at the time of the accident.

Interrogatory No. 16: Describe with particularity the manner in which you assert that the incident in question occurred.  Include in your answer what you had been doing in the hours before the accident, and who you were with, then describe the events leading up to the accident itself and how you remember the accident happening. 

Interrogatory No. 17: State when you first noticed the vehicle driven by the Defendant, how far away you were from Defendant’s vehicle when you first saw it, the speed you were traveling and what action you took after seeing the Defendant’s vehicle.

Interrogatory 18: Describe with particularity any and all recorded or unrecorded communication which you had directly with the Defendant or anyone whom you believe was associated with the Defendant, either passengers in the Defendant’s vehicle or anyone who came to the scene afterward and appeared to be somehow affiliated with the Defendant.

Interrogatory No. 19: Describe with particularity any recorded or unrecorded communication you had with any investigating law enforcement personnel which in any manner relates to the collision.

Interrogatory No. 20: Describe with particularity any recorded or unrecorded communication you had with any alleged witness(es) to the collision and/or the events immediately following the collision.

Interrogatory No. 21: Identify every witness known to you or to your attorneys who has knowledge regarding the facts and circumstances surrounding the happening of the incident referred to in the Complaint or your alleged injuries, including, but not limited to, eyewitnesses to such event, as well as medical witnesses, expert witnesses and other persons having any knowledge thereof. Indicate in your answer which witnesses were eyewitnesses to the incident in question, which are medical witnesses, and which are expert witnesses, and which witnesses you contemplate will be called to testify in support of your claim in this accident. Also, state whether any such witnesses are related to you legally, and if so, how.  

Interrogatory No. 22: If you were injured in the accident, describe in detail all injuries claimed to have been caused, aggravated or otherwise contributed to by the accident.  Be specific.

Interrogatory No. 23: If you received any treatment with respect to the injuries allegedly suffered, state:

(a)       The name and address of each medical office, clinic or hospital at which you have been treated or admitted;

(b)       The dates on which said treatment was rendered; including the date of entry into and discharge from said hospital or hospitals;

(c)        Itemize the charges rendered by each of the medical offices, clinics or hospitals listed above.  Identify any and all documentation substantiating this claim;

(d)       State the nature of any interventional treatment or procedures, such as surgeries or injections, which have been undergone by you as treatment for injuries you believe were caused by the accident;

(e)       Itemize the costs and expenses of such examinations or treatment by each doctor or medical practitioner listed above.  Identify any and all documentation substantiating this claim.

Interrogatory No. 24: State the name and address of each medical practitioner who examined or treated you for any mental or physical condition during the five-year period immediately before the date of the accident.

As to each such person, state:

(a)       The conditions or complaints for which the examination or treatment was performed.

(b)       The date of each examination or treatment performed.

(c)        Whether or not the symptoms evidencing the conditions described in your answer to subparagraph (a) of this Interrogatory were completely relieved and, if so, the date of relief.

Interrogatory No. 25: As to any injuries you claim to have sustained in this accident, if you have EVER in the past Fifteen years leading up to the accident, consulted any doctor about pain or dysfunction in that particular area of your body, state the nature of the problems you were having, when you made such complaints, and the name and address of the health care practitioner whom you consulted for those problems.

Interrogatory No. 26: At any time SINCE THE ACCIDENT GIVING RISE TO THIS LAWSUIT, have you been in any other car accidents, or suffered any other trauma to your body, such as falling, being struck by an object, or being injured on the job?  This interrogatory shall be continuing in nature, requiring supplementation up to and including at the trial of this matter.

If so, state:

(a)       The date(s) and location(s) and a brief description of the event(s);

(b)       Whether you were injured, and if so, the conditions or complaints for which you were evaluated and/or treated;

(c)        Identify the health care providers who were consulted for said care and/or treatment.

Interrogatory No. 27: If you are still receiving medical treatment of any nature whatsoever for injuries you claim to have incurred in this accident, please give full details including the names of the persons attending you and the approximate frequency of said treatments.

Interrogatory No. 28: If this claim arose as a result of an incident which took place on or after October 1, 2011, then, as for any costs for medical or other health care treatment rendered to you as an alleged result of the incident giving rise to this claim, state the following, for each provider:

                        (a)       The total amount of charges claimed by the provider for its services (please include copies of any bills or correspondence reflecting such charges);

                        (b)       Whether you had health insurance, Medicare, Medicaid, workers compensation or any other collateral source available to you to satisfy some or all of the bills incurred (if so, identify the source);

                        (c)       If the answer to subparagraph (b), above, was “yes,” then state the amounts that the provider contracted or otherwise agreed to accept from the collateral source in satisfaction of the amounts billed for their services (please include any and all documentation reflecting these adjustments);

                        (d)       If there were no collateral sources available for satisfaction of the charges claimed by any of your health care providers, but the providers nonetheless have agreed to accept some amount less than that stated on its bills, in satisfaction of those bills, state the amounts actually agreed upon by each provider to satisfy the charges for that provider (please include any and all documentation reflecting these adjustments).

Interrogatory No. 29: If you have made claims for any benefits under any medical pay coverage or policy of insurance, including any claim for benefits under the North Carolina Workers’ Compensation Act, relating to injuries arising out of the incident alleged in the Complaint, provide a detailed description of each such claim including:

(a)       The name of the insurance company or organization to whom said claim was made;

(b)       The date of the claim or application;

(c)        The amount of any benefits paid to or for you.

Interrogatory No. 30: If you claim any disability as a result of any injuries sustained in the accident, provide a detailed description of any such disability, and describe the extent and nature of same.

Interrogatory No. 31: If you are aware of any damage estimate made of the vehicle you were driving, please state:

(a)       The person or company who made such estimate, with their address;

(b)       In detail exactly what was set forth in said estimate as to damage done and cost of repairing said damage.

(c)       Whether you are aware of the existence of any photographs of the damage, if any, to your vehicle.

Interrogatory No. 32: Describe with particularity the nature of any alleged loss of earnings you have incurred as a result of the incident referred to in the Complaint.  Also, identify any and all material, documents, data or the like, which would be available to prove the existence of such lost income.  By way of example, state whether you have schedules of lost time, timesheets, reports from employers, etc.

Interrogatory No. 33: For the past five years (through the present), state whether you were self-employed or employed by another, and provide a complete and detailed description of each such employment (including the name and address of each of your companies or your employer(s) the date of commencement and termination of each employment; the service or work you performed at each employment; and, whether a physical examination was required by your employer, and, if so, the name of the place, and the name of the person giving the physical examination).

Interrogatory No. 34: Do you intend to call any witness to testify as an expert in any field at trial?  If so, state:

(a)       The witness’ full name and current professional address;

(b)       The area of expertise in which the witness is expected to testify; and

(c)        The substance of witness’ expected testimony.

Interrogatory No. 35: If at the time of the accident the Plaintiff was deemed an insured under any policy(ies) of automobile insurance which provided for Underinsured Motorist coverage, please state the following as to each such policy:

(a)       The name of the insurance company(ies);

(b)       The identity of the named insureds under each said policy;

(c)        The coverage limits of Underinsured Motorist Coverage provided under each policy: and,

(d)       Whether the carrier(s) has been placed on notice of this claim.

            These interrogatories shall be deemed continuing so as to require supplemental answers, and supplemental production of documents, pursuant to Rule 26(e) of the North Carolina Rules of Civil Procedure, prior to trial.

For help drafting and responding to interrogatories, requests for the production of documents, and other discovery matters, contact Tien Law Firm’s litigation lawyers.

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