Plaintiff’s Interrogatories – Assault and Battery by a Third Party
How to Discover Information to Get Tort Damages from the Person Who Assaulted and Battered You
Assault and battery are not only crimes but also intentional torts under civil law.
Therefore, you may bring a personal injury lawsuit (file a complaint) and recover money damages from your attacker.
But to do so, you must satisfy your burden of proof for liability and damages (medical bills, wage loss, permanent disability, pain, suffering, punitive).
Using litigation discovery tools such as interrogatories is one way to get the evidence needed to meet your burden in tort claims.
Below are sample interrogatories to send to the defendant in a civil action for assault and battery. Consider sending all or some of these questions to the defendant if you need the requested information to prove your case and cannot get (or prove the fact) from another source.
I hope you find this information helpful.
Contact us if you have questions about your legal remedies or want a free consultation with a top personal injury attorney. We help car accident victims, injured workers, and victims of other’ acts during their most challenging times. And we want to get you every dollar you deserve.
Plaintiff’s Interrogatories to Defendant
In the Circuit Court for Chesterfield County, Virginia
Michael Smith,
Plaintiff,
v. Case No.: 15-A-10-11111
Anthony Roberts,
Defendant.
Plaintiff’s First Interrogatories to Defendant
Plaintiff Michael Smith, by counsel, requests that Defendant, Anthony Roberts, answer the following Interrogatories under oath and in compliance with Rule 4:8 of the Rules of the Supreme Court of Virginia, subject to the instructions below.
Instructions
1. These interrogatories continue in character. Therefore, you must submit additional answers if you obtain different or further information before the trial.
2. When Plaintiff asks for the name or identity of a person, please state the person’s full name, home address, business address, telephone number, and email address, if known.
3. Unless stated otherwise, these interrogatories refer to the time, place, and circumstances of the occurrence mentioned in the Complaint.
4. “Occurrence” refers to the assault and battery that occurred on August 1, 2021, at the Acme Acres apartment complex at 00111 Midlothian Turnpike, Chesterfield, Virginia, 23235.
5. The term “attack” includes but is not limited to:
- Threatening to inflict offensive physical contact or bodily harm on Plaintiff
- Attempting to inflict improper physical contact or bodily damage on Plaintiff
- Hitting, punching, striking, kicking, or touching Plaintiff without his consent
6. When Plaintiff requests knowledge or information a party possesses, such request includes knowledge or information maintained by the party’s agents, representatives, and attorneys (unless privileged).
7. If you object to an interrogatory based on privilege, please provide the following information for the information, documents, or things withheld under the privilege claim.
- A description of the type of information, document, or thing withheld;
- The subject matter of the information, document, or thing withheld;
- The date you first gathered, learned, prepared, or created the item;
- The name, home address, business address, telephone number, and email address of each person who gathered, learned, prepared, or created the information, document, or thing;
- The name, home address, business, address, telephone number, and email address of each person who examined or received the information, document, or thing withheld; and,
- The reason you claim privilege.
8. The pronoun “you” refers to the party to whom Plaintiff addressed these interrogatories and the persons mentioned in Clause Six.
Background Information
1. State your full name, date of birth, birthplace, occupation, home address, business address, email address, telephone number, social security number, and any other names or aliases you have used in the past ten years.
2. State the name, address (home, business, and email), telephone number, occupation, and relationship to you of each person who helped answer these interrogatories.
3. Before answering these interrogatories, state whether you have:
- Searched for all related documents, photos, videos, and writings you possess or control to obtain information relevant to this action. If not, please explain why not.
- Asked your friends, relatives, or other persons available to help you obtain information or items related to this action. If not, please explain why not.
Physical Condition
Regarding your ability to attack another person:
4. State your height and weight.
5. Describe your general physical condition.
6. What was your observation of Plaintiff’s height, weight, and general physical condition at the time of the occurrence.
7. Describe in detail any training you have ever had involving aikido, boxing, gymnastics, judo, jujitsu, karate, krav maga, weightlifting, wrestling, and any other form of combat training, martial arts, or physical fighting. In addition, include the name(s), date(s), and location(s) of any tournament(s) you have competed in or won, any awards you have won, and the dates you participated in these forms of physical combat and the level (or belt) achieved.
8. Describe any sports or physical activities you have participated in within the past ten years. In addition, include the names and dates of any leagues or tournaments in which you participated.
Past Conduct
9. Have you ever been convicted of any crime involving lying, cheating, or stealing? If so, for each such crime, state the specific charge, conviction date, any punishment (imprisonment, costs, fines) received, and whether you received the sentence after a plea or a trial. Further, state the court, its address, the case number, the judge, the prosecutor, and your counsel, if any.
10. Have you ever been convicted of any crime involving violence or assault? If so, for each such crime, state the specific charge, conviction date, any punishment (imprisonment, costs, fines) received, and whether you received the sentence after a plea or a trial. Further, state the court, its address, the case number, the judge, the prosecutor, and your counsel, if any.
11. Have you ever been subject to a civil injunction, protective order, or restraining order? If so, for each such injunction or order, state the type of proceeding, the date the court issued the order or injunction, and whether you received additional punishment (imprisonment, jail time, or a fine). In addition, provide a copy of the specific order(s) or injunction(s). Further, state the court, the case number, and the judge who issued the injunction or order.
12. Other than the altercation, which is this litigation’s subject, have you participated in any assaults, fights, physical conflicts, or confrontations within the past ten years? If so, state the following for each such incident: the date, place, names and addresses of all persons involved, and a summary of the confrontation. In addition, state whether the police broke up the fight, investigated the conflict, or issued a report. Further, provide the name and address of the police department involved and the case number.
Drugs and Alcohol on the Date of the Attack
13. Did you visit any bars, taverns, restaurants, lounges, or other places that serve alcoholic beverages on the date of the occurrence? If so, for each such location, state its name, address, the times you visited, and the number and types of beverages you consumed. In addition, give the names, telephone numbers, and addresses of any persons that accompanied you.
14. Did you drink alcoholic beverages at home or at another residence on the date of the occurrence? If so, for each place you drank, state the location, address, and times during which you visited. In addition, say the number and types of beverages consumed. Further, give the names, telephone numbers, and addresses of any persons in attendance.
15. Did you consume any drugs (prescription, over-the-counter, legal, or illicit) during the twenty-four hours before the occurrence? If your answer is yes, say where you obtained and consumed them and the type and amount taken.
16. State what you did in the twelve hours before the occurrence, including your location, what activity you engaged in, and other persons present.
Attack
Regarding the altercation between you and Plaintiff on August 1, 2021:
17. Did you shout at or speak to Plaintiff before striking him? If so, what did you say? In addition, state whether you were screaming, threatening, or cursing during each statement.
18. Did you do or say anything meant to provoke Plaintiff or cause fear? If your answer is anything other than “No,” describe your conduct in detail.
19. State the number of times that you struck Plaintiff.
20. For each time you struck Plaintiff, state the type of strike, punch, or kick used, whether you used a weapon, and the specific body part hit on Plaintiff.
21. In addition to kicks and punches you inflicted on Plaintiff, did you wrestle, choke, smash, twist, or scratch any part of Plaintiff’s body? If so, describe this additional harm and where you inflicted it.
22. Did you shout at or speak to Plaintiff after first striking him? If so, what did you say? Further, state whether you were screaming, threatening, or cursing during each statement.
23. Did Plaintiff fall to the ground during the attack? If so, state how many punches, kicks, blows, or strikes you delivered to Plaintiff while he was on the ground.
24. Did you observe Plaintiff lose consciousness during the attack? If so, state how many punches, kicks, strikes, or blows you delivered while Plaintiff was unconscious.
25. Describe the injuries you inflicted on Plaintiff during the occurrence. In answering, please state your observations regarding bleeding, bruises, cuts, damage, crying, damage to clothing or eyeglasses, and Plaintiff’s pain expressions.
26. At any point during the attack, did Plaintiff ask you to stop? If so, state how many times Plaintiff asked you to stop the attack and your response.
27. State the names, telephone numbers, addresses, and relationships to the parties for every person present during the occurrence. In addition, give each person’s location compared to the attack.
28. Please state all actions you took or statements you made to avoid confrontation.
29. Please state all actions you took or statements you made to end the attack.
30. Did someone call an ambulance to the scene? If so, give the name, address, and telephone number of each person who called, whether the ambulance took Plaintiff from the scene, and if the first responders placed Plaintiff on a stretcher
31. Give a chronological, detailed statement of the facts as to how you submit the occurrence took place, including any points you might rely on to support a defense that Plaintiff provoked you.
32. If you contend Plaintiff, or any other person or thing, caused or contributed to the occurrence, state the facts on which you base such position.
33. Did any other person strike Plaintiff during the occurrence? If so, state the person’s name, address, and telephone number, as well as your observations of their acts.
People with Personal Knowledge
34. Name all persons who investigated this matter for you, including private investigators, insurance claim adjusters, medical experts, or use of force experts. For each such person, state their full name, address, and telephone number. In addition, state whether each such person completed or signed a written statement or report and summarize the substance of their investigation and findings. Further, provide a copy of the written report.
35. Identify any persons not previously named who you know have personal knowledge of any fact or circumstance relevant to the cause or circumstances of this occurrence and the injuries and damages suffered in the attack.
Expert Witnesses
36. State the name and specialty of all experts you may call as witnesses at trial or on whose reports you might rely at trial or in any motion. In addition, give the substance of the findings and opinions. Further, attach copies of all written reports of each such expert to your answers.
Photos, Drawings, Recordings, Videos, and Documents
37. Identify any photos, drawings, videos, recordings, police reports, or other documents relative to the occurrence and Plaintiff’s physical condition and injuries. Attach copies of each such item to your answers to these interrogatories.
Statements
38. Are you aware of any statement, comment, conversation, testimony, or report made by any witness or party to this lawsuit, including Plaintiff, during the attack or after? If your answer is “Yes,” state the substance of such statement, comment, conversation, testimony, or report, where it took place, and the custodian of each account. In addition, attach copies of any written or transcribed statement.
39. Have you had any contact with Plaintiff or witnesses since the occurrence? If so, explain who made the initial contact and summarize the substance of the discussion or correspondence.
Plaintiff’s Injuries
40. Do you contend that some other person or thing is responsible for Plaintiff’s injuries? If your answer is yes, identify person or thing and state the facts you rely on.
41. If you contend that any of Plaintiff’s medical treatment or bills in the past were unreasonable, unnecessary, excessive, or unrelated to the attack, state the facts you rely on. In addition, say which medical treatment (including the date of service, bill, and health care provider) you object to and who will testify on this issue for you at trial.
42. If you submit that Plaintiff’s projected costs for future medical care are unreasonable, unnecessary, excessive, or unrelated to the attack, state the facts you rely on. In addition, say which medical care you object to and who will testify on this issue at trial.
Opinions at Trial
43. If you know of or intend to rely on any lay opinion, state the opinion’s contents. Include the person’s name and address and the date and time the person reached the view.
44. Do you intend to introduce any medical report or expert witness opinion into evidence without the person who rendered the opinion testifying at trial? If so, identify each report and its author, date of issuance, and cost.
Income, Assets, and Insurance
45. Provide a list of properties that you control or own? Please include real estate, buildings, raw land, stocks, bonds, cryptocurrency, mutual fund shares, certificates of deposit, precious metals, mineral rights, and any property or item valued greater than $1,000.
46. What was your income in 2021? Please attach a copy of your state and federal income tax returns for 2021.
47. Does any person or business owe you any money or property? If so, identify that person or business, state how much you are owed, and describe the transaction that serves as the basis for the debt.
48. Is any person or business holding or possessing any money or property for you? If so, identify that person or business and describe what property they are holding.
49. Are you the beneficiary of any trust, estate, or pension fund? If so, say the amount involved, the name, address, and telephone number of the person or entity controlling the funds, and summarize the holdings.
50. How much money is in your checking and savings accounts?
51. How much money is in any 401(K) or Roth IRA you control?
52. Please state whether you had any policy of insurance or insurance agreement in effect on August 1, 2021. For each such contract, say the name of the insurance company, the type of policy, the policy number, the policy limits and coverage provided, your agent’s name, and any claim numbers relevant to this occurrence.
53. If you rent your home, state whether you had renters’ insurance in effect on August 1, 2021. If so, state the insurance carrier’s name, the policy number, and the policy limits.
54. If, at the time of the occurrence, you were insured through a policy including but not limited to liability, homeowners, renters’, or umbrella coverage, through some other person’s name, state:
- The name and address of the insurer issuing the policy;
- The policy number;
- The name of the person insured under the policy;
- The nature and extent of the coverage that protects you from this lawsuit’s risks and may cover awarded damages.
Other
55. Please list every document you are aware of that may relate to this occurrence. In addition, describe the document’s contents. Or, in the alternative, attach a copy of each document to your answers to these interrogatories.
56. Do you suffer from a disability or injury that prevented you from avoiding the occurrence or stopping it? If so, provide details on the disability or injury and how it affects you.
Corey R. Pollard
Attorney for Plaintiff
We Help Victims of Assault and Battery Recover Damages through Civil Actions and Workers Comp
An assault and battery can result in significant physical and emotional damages, whether the attack happens at school, work, or somewhere else.
Contact us today to learn more about your potential rights to civil damages and workers comp benefits after an attack. We are here to help.
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