In Buffalo personal injury lawsuits, the injured party is required to provide the defendant with a document called a Bill of Particulars when requested by the defendant. The information requested in this document will almost always include a list of the injuries the plaintiff is claiming to have suffered.
Generally, the injured person is barred from presenting any evidence at trial regarding an injury that is not set forth in the Bill of Particulars, so some degree of specificity is required when sharing this information with the defense. If new injuries come to light as the plaintiff’s treatment progresses, the injured person will usually be allowed to supplement the Bill of Particulars to add these additional injuries.
While all this seems very clear cut, sometimes issue do arise regarding what constitutes an injury and whether it was claimed in the Bill of Particulars. This can happen, for example, where some form of brain trauma is claimed but specific conditions that arise from that trauma (memory issues, personality change, etc.) are not. In such situations, the defense has been known to claim that these conditions constitute separate injuries not alleged in the Bill of Particulars.
When such a situation arises, it is up to the court to decide whether the symptoms not documented in the Bill of Particulars will be admitted. While presenting new injuries is generally barred, the courts have ruled that injuries or symptoms flowing immediately from claimed injuries may be presented at trial.
If you have suffered a personal injury, let us help you. Please call us at 716-542-5444 with any questions.
{ 0 comments… add one now }