However, the better practice is to have you, the client, confirm and verify the detailed claims and injuries you are bringing in your case. If you live in a county different from where your attorney has his office, there are instances where the attorney will be able to verify the document he is providing. A вЂњverifiedвЂќ bill of particulars means that you have reviewed and confirmed the details being provided in this document. They want to know if you are supporting anyone financially and what your earnings history has been.ДЄll of these details are required to be provided to the defense to put them on notice about the exact claims you are making and the reasons why.

They want to know what medical expenses you have incurred because of the wrongdoing. They want to know what specific injuries you have suffered as a result of the alleged wrongdoing. They want to know what the theory of liability is. What is it that their client did or did not do that you believe caused harm? They want to know specifics. They want to know what the exact claims of negligence or medical malpractice were. Some of the questions they want answered including why you believe something was done wrong. Your attorney must then answer each of the questions that they pose in this document known as a verified bill particulars. The attorney representing the people you have sued will send back a detailed list of questions and demands seeking answers. The people you are suing are then required to answer the allegations in the complaint. Your lawsuit is started with certain documents known as a summons and complaint. Your attorney is required to prepare a detailed set of documents known as a bill of particulars after the lawsuit has started. When I say вЂњyouвЂќ I really mean your lawyer.

Nothing contained in the foregoing shall be deemed to limit the court in denying in a proper case, any one or more of the foregoing particulars, or in a proper case, in granting other, further or different particulars.When you bring a lawsuit in New York seeking compensation for your injuries, you as the вЂњplaintiffвЂќ are required to itemize in detail the allegations against the people you are suing. Provided however that no new cause of action may be alleged or new injury claimed and that the other party shall upon seven days notice, be entitled to newly exercise any and all rights of discovery but only with respect to such continuing special damages and disabilities. A party may serve a supplemental bill of particulars with respect to claims of continuing special damages and disabilities without leave of court at any time, but not less than thirty days prior to trial. (b) Supplemental bill of particulars without leave. Except in a matrimonial action, a party may not serve written interrogatories on another party and also demand a bill of particulars of the same party pursuant to section 3041. In actions to recover for personal injuries the following particulars may be required: (1) The date and approximate time of day of the occurrence (2) Its approximate location (3) General statement of the acts or omissions constituting the negligence claimed (4) Where notice of a condition is a prerequisite, whether actual or constructive notice is claimed (5) If actual notice is claimed, a statement of when and to whom it was given (6) Statement of the injuries and description of those claimed to be permanent, and in an action designated in subsection (a) of section five thousand one hundred four of the insurance law, for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of section five thousand one hundred two of the insurance law, or economic loss greater than basic economic loss, as defined in subsection (a) of section five thousand one hundred two of the insurance law (7) Length of time confined to bed and to house (8) Length of time incapacitated from employment and (9) Total amounts claimed as special damages for physiciansвЂ™ services and medical supplies loss of earnings, with name and address of the employer hospital expenses nursesвЂ™ services. Except as otherwise provided herein, after commencement of an action, any party may serve upon any other party written interrogatories.

Bill of particulars in personal injury actions.

Bill of particulars cplr