When you seek justice through litigation against an opponent with more resources, that party may try to prolong the case to increase the financial toll it has on you.
The goal is straightforward: To get you to give up and drop the case or accept a lowball settlement offer.
Prolonging litigation is a common strategy of insurers and third-party administrators (TPAs) in workers comp, personal injury, and auto accident cases. And one of their favorite tactics to delay payment of claims is to make baseless objections or provide incomplete or evasive answers to discovery requests (interrogatories, requests for production of documents, requests for admissions, etc.).
It is up to you to force your opponent to answer completely and provide the evidence you need at deposition and trial to win. Usually, courts are not involved in the discovery process unless a dispute arises.
Below is a sample letter to opposing counsel asking your opponent to fix inadequate discovery responses and give more complete answers.
This letter is often called a good faith letter. And it is needed under many courts’ rules before you can file a motion to compel discovery if the other party ignores your requests or provides evasive responses or move for sanctions if your opponent refuses to comply with the court’s discovery order.
That is because most jurisdictions have a meet and confer requirement, which orders lawyers and litigants to discuss resolving a discovery dispute before submitting a motion to compel.
I know. By the time you get to the discovery process in litigation, you might have little desire to cooperate with the adverse party. But many courts require it, and you can save yourself time, money, and frustration trying to work out these problems without a judge intervening.
I hope this information helps you get the information needed to recover the monies you deserve.
Do not hesitate to contact us for a free consultation about your tort claim. We have helped hundreds of auto accident victims and injured workers negotiate favorable settlements. And we can help you determine the best strategy to resolve your claim.