accident attorney Litigation Procedure and Trial 2 — Questions and Answers
Question 1: What is 'interrogatories' as a discovery tool in personal injury litigation?
- Written questions one party sends to another that must be answered under oath within a set time period (Correct answer)
- Questions posed to witnesses during trial
- Oral questions asked at a deposition
- Background investigation reports on opposing parties
Correct answer: Written questions one party sends to another that must be answered under oath within a set time period
Interrogatories are a cost-effective discovery tool used to gather basic case facts — prior accidents, medical history, employment history, and insurance information — before depositions.
Question 2: What is 'spoliation of evidence' and what are the consequences?
- The destruction or failure to preserve evidence relevant to litigation, which can result in adverse inference jury instructions or dismissal (Correct answer)
- The use of forged evidence at trial
- An expert's opinion on destroyed property value
- The suppression of evidence by the prosecution
Correct answer: The destruction or failure to preserve evidence relevant to litigation, which can result in adverse inference jury instructions or dismissal
When a party destroys or fails to preserve relevant evidence (vehicle data, surveillance footage, phone records), courts may instruct juries to presume the destroyed evidence was unfavorable to the spoliating party.
Question 3: What is a 'motion in limine' in personal injury trial practice?
- A pre-trial motion to exclude specific evidence or testimony from being presented to the jury (Correct answer)
- A motion to select an alternative judge
- A request for a continuance of the trial date
- A motion to consolidate related lawsuits
Correct answer: A pre-trial motion to exclude specific evidence or testimony from being presented to the jury
Motions in limine are filed before trial to prevent the jury from hearing prejudicial or inadmissible evidence (prior criminal convictions, insurance information, inflammatory photos) that could taint deliberations.
Question 4: What does it mean for a jury to deliver a 'general verdict' in a personal injury case?
- The jury returns a single verdict finding for the plaintiff or defendant, with a damages amount, without specifying findings on individual issues (Correct answer)
- The jury finds for the plaintiff on all claims simultaneously
- The judge directs a verdict without jury deliberation
- The verdict applies to all co-defendants equally
Correct answer: The jury returns a single verdict finding for the plaintiff or defendant, with a damages amount, without specifying findings on individual issues
A general verdict (as opposed to a special verdict with specific findings) gives the jury maximum discretion to reach a bottom-line result without explaining their reasoning on each element.
Question 5: What is 'remittitur' in post-trial personal injury practice?
- A judge's reduction of an excessive jury damages award as a condition of denying a new trial (Correct answer)
- The plaintiff's voluntary reduction of their claim after trial
- A court order returning evidence to the parties
- The defendant's post-trial motion to dismiss the case
Correct answer: A judge's reduction of an excessive jury damages award as a condition of denying a new trial
When a jury verdict is shockingly excessive, the judge may order remittitur — requiring the plaintiff to accept a lower figure or face a new trial on damages.
Question 6: What is 'additur' in post-trial personal injury practice?
- A judge's increase of an inadequate jury damages award as a condition of denying a new trial (permitted only in some states) (Correct answer)
- The plaintiff's post-trial request for attorney fees
- Additional damages added by an appellate court
- A supplemental verdict on punitive damages
Correct answer: A judge's increase of an inadequate jury damages award as a condition of denying a new trial (permitted only in some states)
Additur is the counterpart to remittitur — the judge orders the defendant to pay more than the jury awarded or face a new trial; federal courts and some state courts prohibit additur as a Seventh Amendment violation.
accident attorney Litigation Procedure and Trial 2
What is 'interrogatories' as a discovery tool in personal injury litigation?