Getting What Is Rightfully Yours

What Are Requests For Admission During Your Personal Injury Trial?

10 April 2023 by Penny Fisher

Many Americans are unfamiliar with the many activities done during the pre-trial period of a personal injury trial. But some of the most important elements happen during this time. One of these is the request for admission. What are these? How should you respond to them? And how do they help your own case? Here's what you need to know. 

What Are Requests for Admission?

Discovery is the mandatory exchange of information between the plaintiff and defendant of a civil trial. Both sides can request relevant information, evidence, statements, and answers from the other party. This includes sending the other side a list of factual statements for them to either admit or deny. 

For instance, the plaintiff might request that the defendant admit that they were operating the vehicle which hit the defendant, that they own the vehicle, and that they were speeding at the time of the accident. The defendant might respond by admitting the first and second statements while denying the third. 

Why Are Requests for Admission Important?

Some requests for admission may seem like splitting hairs, or they may state obvious things (like the owner of the vehicle above). However, their purpose is to establish that both parties are in agreement about certain facts but in dispute about others. If you don't know what the other party might argue about, after all, you cannot build a good case against them. Then, you use the results to hone in on important arguments. 

Do You Have to Respond?

In general, discovery is obligatory by both sides. So you cannot simply ignore the requests or not answer the ones you don't like. However, there are legitimate reasons to object to a particular request rather than answer it. For instance, the requested admission might be compound — including multiple parts — to which you cannot clearly answer. Or it may be phrased in such a way that it is vague, unintelligible, or confusing. 

Discovery is also not to be used as a fishing expedition. Each request must be reasonably calculated so as to discover legitimate, relevant evidence. A request for you to admit that you were having an affair would rarely be relevant to an auto accident case, for example, and so would generally be objectionable.

Where Should You Start?

Good requests for admission will help you refine your case. And knowing how and when to answer — or not — your opponent's requests helps you defend yourself with all available tools. Get help with all your discovery questions by meeting with a personal injury attorney in your state today. 

For more info, contact a personal injury attorney near you.

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