Unfortunately, Buffalo residents who need to pursue personal injury lawsuits may find themselves required to disclose a variety of personal information to the opposing party. The defense is entitled to information, such as medical records, that are relevant to the lawsuit. This does not, however, mean that the defense may make frivolous or harassing requests of the plaintiff.
Section 3103 of the New York Civil Practice Law and Rules provides a victim with a remedy if this occurs. It authorizes the court, at any time on its own initiative, or on motion of any party or person from whom discovery is sought, to make a protective order denying, limiting, conditioning or regulating the use of any disclosure device.
An order of the court in this situation must be issued for the purpose of preventing unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to any person or the courts.
Moreover, if a court finds that information has already been improperly obtained so that a substantial right of a party is prejudiced, it may, on motion of the aggrieved party, make an appropriate order, including an order that the information be suppressed.
If you have suffered a personal injury and have any questions regarding this topic, please feel free to call us at 716-542-5444.
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