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Florida Discovery Interrogatories from Defendant to Plaintiff -...

Fl Personal Injury Forum

Category:

Civil Procedure - Discovery - Personal Injury

State:

Florida

Control #:

FL-020-D

Format:

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This is a set of 15 Interrogatories as mandated for use by the state of Florida from Defendant to Plaintiff for use in connection with a personal injury incident. Included also are 7 additional questions to use if the case involves medical malpractice and 8 questions if the case relates to a motor vehicle accident.

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How to fill out Florida Discovery Interrogatories From Defendant To Plaintiff - Personal Injury?

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FAQ

In a nutshell, the rules now follow modified comparative negligence guidelines. If a plaintiff is more than 50% at fault for his or her injuries compared to the defendant in a personal injury case, they can't (usually) recover any damages from the defendant.

Typically, the steps of a personal injury case could be broken down as follows: Investigation. Pre-Suit Demand and Negotiation. Lawsuit Discovery. Trial. Appeal/Post-Trial Motions.

You can get a settlement check from your insurance fairly quickly after a car accident. The average time in Florida to receive a check is between four to six weeks. Although, this can vary based on the complexity of your case. The time it takes will also be impacted on whether you take your claim to court or not.

In general, most cases take an average of 12 to 14 months to resolve, but some may be settled more quickly. Others can take several years to resolve, especially if litigation is necessary. There are many factors that can affect how long it will take to reach a resolution in your case.

6 Tips for Preparing for a Personal Injury Lawsuit Tip #1: Speak to a Lawyer Immediately. ... Tip #2: Head to Your Doctor for Evaluation and Treatment. ... Tip #3: Collect All Evidence. ... Tip #4: Do Not Talk About Your Injuries or Case on Social Media. ... Tip #5: Know When to Take a Settlement. ... Tip #6: Stay in Touch with Your Attorney.

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Discovery Interrogatories from Defendant to Plaintiff - Personal Injury

Note: This summary is not intended to be an all-inclusive summary of discovery law in Florida, but does include basic and other information.

RULE 1.340. INTERROGATORIES TO PARTIES

(a) Procedure for Use. Without leave of court, any party may serve upon any other party written inter-rogatories to be answered (1) by the party to whom the interrogatories are directed, or (2) if that party is a public or private corporation or partnership or association or governmental agency, by any officer or agent, who shall furnish the information available to that party. Interrogatories may be served on the plaintiff after commence-ment of the action and on any other party with or after service of the process and initial pleading upon that par-ty. The interrogatories shall not exceed 30, including all subparts, unless the court permits a larger number on motion and notice and for good cause. If the supreme court has approved a form of interrogatories for the type of action, the initial interrogatories on a subject included therein shall be from the form approved by the court. A party may serve fewer than all of the approved interrogatories within a form. Other interrogatories may be added to the approved forms without leave of court, so long as the total of approved and additional interrogato-ries does not exceed 30. Each interrogatory shall be answered separately and fully in writing under oath unless it is objected to, in which event the grounds for objection shall be stated and signed by the attorney making it. The party to whom the interrogatories are directed shall serve the answers and any objections within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the process and initial pleading upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under rule 1.380(a) on any objection to or other failure to answer an interrogatory.

(b) Scope; Use at Trial. Interrogatories may relate to any matters that can be inquired into under rule 1.280(b), and the answers may be used to the extent permitted by the rules of evidence except as otherwise pro-vided in this subdivision. An interrogatory otherwise proper is not objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or calls for a conclusion or asks for information not within the personal knowledge of the party. A party shall respond to such an interrogatory by giving the information the party has and the source on which the information is based. Such a qualified answer may not be used as direct evidence for or impeachment against the party giving the answer unless the court finds it oth-erwise admissible under the rules of evidence. If a party introduces an answer to an interrogatory, any other party may require that party to introduce any other interrogatory and answer that in fairness ought to be considered with it. (

(c) Option to Produce Records. When the answer to an interrogatory may be derived or ascertained from the records of the party to whom the interrogatory is directed or from an examination, audit, or inspection of the records or from a compilation, abstract, or summary based on the records and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party to whom it is directed, an answer to the interrogatory specifying the records from which the answer may be derived or ascertained and offering to give the party serving the interrogatory a reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries is a sufficient answer. An answer shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party interrogated, the records from which the answer may be derived or ascertained, or shall identify a person or persons representing the interrogated party who will be available to assist the interrogating party in locating and identifying the records at the time they are produced.

(d) Effect on Co-Party. Answers made by a party shall not be binding on a co-party. (e) Service and Filing. Interrogatories shall be arranged so that a blank space is provided after each separately numbered interrogatory. The space shall be reasonably sufficient to enable the answering party to insert the answer within the space. If sufficient space is not provided, the answering party may attach additional papers with answers and refer to them in the space provided in the interrogatories. The interrogatories shall be served on the party to whom the interrogatories are directed and copies shall be served on all other parties. A certificate of service of the interrogatories shall be filed, giving the date of service and the name of the party to whom they were directed. The answers to the interrogatories shall be served upon the party originally propounding the interrogatories and a copy shall be served on all other parties by the answering party. The original or any copy of the answers to interrogatories may be filed in compliance with Florida Rule of Judicial Administration 2.425 and rule 1.280(f) by any party when the court should consider the answers to interrogatories in determining any matter pending before the court. The court may order a copy of the answers to interrogatories filed at any time when the court determines that examination of the answers to interrogatories is necessary to determine any mat-ter pending before the court.

Discovery Interrogatories from Defendant to Plaintiff - Personal Injury

Note: This summary is not intended to be an all-inclusive summary of discovery law in Florida, but does include basic and other information.

RULE 1.340. INTERROGATORIES TO PARTIES

Fl Personal Injury Forum

Description

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How to fill out Florida Discovery Interrogatories From Defendant To Plaintiff - Personal Injury?

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FAQ

What is the new personal injury law in Florida 2023?

What are the steps in a personal injury lawsuit in Florida?

How long does it take to settle a personal injury case in Florida?

How long do most personal injury claims take?

How do I prepare for a personal injury claim?

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Fl Personal Injury Forum

Description

Viewed forms

How to fill out Florida Discovery Interrogatories From Defendant To Plaintiff - Personal Injury?

Form popularity

FAQ

What is the new personal injury law in Florida 2023?

What are the steps in a personal injury lawsuit in Florida?

How long does it take to settle a personal injury case in Florida?

How long do most personal injury claims take?

How do I prepare for a personal injury claim?

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