Evidence of the injuries suffered is instrumental to successfully pursuing a Buffalo personal injury lawsuit. In many personal injury cases, the plaintiff’s medical treatment is ongoing. As a result, it is not unusual for additional testing conducted after a personal injury lawsuit has been filed to reveal objective evidence of injuries not originally claimed by the plaintiff.
Typically, a plaintiff’s injuries are set forth in a document referred to as a Bill of Particulars. By law, a party may amend its Bill of Particulars once without leave of the court prior to the filing of a Note of Issue. A Note of Issue is a document that a party submits to the court after it deems discovery to be completed, indicating that the lawsuit is ready for trial.
Aside from this, amending a Bill of Particulars to add a claim of an additional injury may require the leave of the court. When determining whether such an amendment may be made, the court will consider whether enough time is available for the other party to obtain medical information and sufficiently evaluate the new claim and any prejudice that may arise as a result. Generally, whether the amendment will be allowed may hinge on how close the parties are to the trial date.
If you have suffered a personal injury and have any questions, please feel free to call us at 716-542-5444. We would be happy to help you.
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