Personal Injury Lawsuit: Am I Required to Disclose Assets?
Question:
I was told that in a personal injury lawsuit the defendant is required to complete a written interrogatory where he must disclose all of his assets. Can or will his answers to this interrogatory ever be presented to the jury during the trial? Will this have any effect on the trial? When would assets need to be disclosed? Thank you for the help.
Answer:
Kelly, your email does not indicate in what state you live. I am a Florida accident injury lawyer, so I can only answer your question as it relates to Florida law. Laws will vary from state to state so it is best to speak to an accident injury attorney in your state to find out what the exact laws are in your state and for your situation.
In a normal personal injury lawsuit, the individual assets of a defendant are not at issue, nor are they required to be disclosed through interrogatory answers. A plaintiff can request information relating to insurance coverage a defendant may have in place, but they cannot inquire about the amount or value of assets. Such inquires usually does not become an issue until a plaintiff has obtained a judgment against a defendant. Once a judgement is obtained then the plaintiff may take a deposition in aid of execution that involves disclosure of assets.
Also in Florida, interrogatory answers can be read into evidence before a jury. Interrogatory answers are sworn answers to specific questions. The sworn answers are the equivalent of sworn testimony.
About the Author:
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 17 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.