When a Buffalo personal injury lawsuit is brought to trial, New York State law has set forth several limitations on what information may be presented and the form of that presentation. The purpose of a personal injury trial is to allow both parties to have their side of the story heard by an impartial jury, and the law attempts to make that process fair for both sides.
As a result, it would be extremely unusual for a plaintiff to be allowed to discuss undisclosed injuries at a trial. Generally, the defense will request a full list of the plaintiff’s injuries in their Request for a Bill of Particulars, which is submitted to the defense before trial. It would be extremely unusual for the defense not to request this information, and they are entitled to receive it. They also have the right to review the plaintiff’s medical records.
While the plaintiff may update its Bill of Particulars to the defense as the case progresses, New York State law states that the final Bill of Particulars must be provided no later than 30 days before trial. Usually, any injuries not listed in the Bill of Particulars cannot be claimed at trial because the defense has not been given time to examine the medical records or otherwise prepare a defense to this new claim.
If you have suffered a personal injury, we would be happy to help you. Please call us at 716-542-5444.
{ 0 comments… add one now }