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What is a Bill of Particulars  

Once a personal injury lawsuit has started, you or your lawyer is obligated to provide the defense with a detailed itemized listing of exactly what your claims are and what injuries you have suffered. Additionally, your lawyer will have to itemize what your medical expenses are and something called special damages.

How much are your lost earnings, how much have you spent on medicine, and how much was the hospital bill? You will have to provide the defense with all this information so that they have a firm understanding of what your claims are. This information is provided to the defense in a document called the Bill of Particulars.

When do you have to provide the Bill of Particulars?

When you begin a personal injury lawsuit in New York, you have to file two documents, Complaint and Summons, with the court. The Complaint is a general statement giving the basis for the lawsuit, and the Summons is sent to the defendant. After receiving these documents, the defendant will respond by sending you two documents, which are an Answer to Complaint and Demand for a Bill of Particulars. In the Answer to Complaint, the defendant will either deny the allegations, respond with a defense, or claim ignorance about the matter.

How does a lawyer prepare the Bill of Particulars?

Your lawyer will first gather all of your medical records that are on file. Once the personal injury lawsuit has been started, your attorney will have your medical records reviewed by a medical expert to ensure the validity of your allegations and claims.

He will gather all the medical bills that you have been paying out of your pocket, as well as what your insurance has paid. Your lawyer will then inquire whether you have been attending your regular job, and if you have been absent from work due to your injuries he will gather the necessary information about your lost income and potential lost income as well.

Putting all this information together, your lawyer will have to answer the detailed question that the defense gives to you, which is called the Demand for Bill of Particulars. Your lawyer will have to go through each and every question, every demand, and answer all of them correctly. He will have to identify what specific injuries you have suffered because of the wrongdoing.

Importance of the Bill of Particulars

There can be instances where the defense can turn around and accuse your lawyer about not answering their questions with enough specificity. Due to this, the defense will say they do not know what exactly your claims are, or what the exact amount of your medical bills is. Therefore, to make sure, no time is wasted, Demand for Bill of Particulars should be answered as thoroughly and precisely as possible. The answers can take any of these forms:

  • Providing the required answer
  • Inability to answer the question due to lack of sufficient information at the present time
  • The question is objectionable
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April Johnson
15:54 30 Jun 23
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Benjamin Roussey
19:03 29 Jun 23
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Roberto Martinez
19:02 24 May 23
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Julio Ochoa
Julio Ochoa
20:49 18 May 23
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Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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