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Framing the Damages Case

By C. Steven Fury

The importance of interrogatories to developing a damages case are two-fold. The first can be summarized with the old saw: “You only get one chance to make a good first impression.” The more detailed and thorough you are in providing persuasive damages information the more it will appear that you are organized, prepared and ready for trial.

The other issue is purely defensive. Careless errors in answering interrogatories can undermine an otherwise flawlessly prepared damages case. Clients need to understand that close is not good enough in answers to interrogatories that are submitted under oath. The answers must be complete and accurate, or else the errors can be used to impeach your client.

With these two imperatives in mind: give them everything they need to know to understand how strong your case is and do not make any mistakes that they can use against you, I offer these few practical suggestions in answering interrogatories submitted by the defendant concerning damages.

1. Investigate Your Client.

You know from the moment your client hires you, if the case is filed, the defense will ask interrogatories and generally what those interrogatories are:

• All medical treatment in the client's lifetime;

• All employment in the client's lifetime;

• All criminal convictions in the client's lifetime;

• Military history;

• What injuries and damages are claimed, including special damages for medical expenses and lost earnings and general damages;

• What other lawsuits or claims have been brought.

Knowing this, from an early interview with my client I begin gathering the information to answers these interrogatories and to prove the damages case by establishing both what the client was like before the injury and because of it. To this end get a detailed medical history, collect the medical records, review the medical records to find any health care providers the client missed and then get those records. Get the medical bills. Get employment records.