The Importance of Knowing the Value of a Case: How an Accurate Case Assessment Earned My Client an Additional $230,000 Settlement July 21, 2010
Posted by Carol L. Schlitt in Municipal Law, Personal Injury Law, Police Misconduct.Tags: ny personal injury attorney, New York Personal Injury Lawyer, cases against new york city, police misconduct, municipal law, case against the new york city police department
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Last Friday, I settled a police misconduct case against the City of New York for $250,000. I want to focus on how a clear assessment of the case enabled my client to receive an additional $230,000.
The case concerned the false arrest of a Bronx man and the psychological damage that police misconduct caused his daughter. I was brought into the case very late to serve as trial attorney representing the daughter, while the original attorney represented the father. At the time of the incident, my client was seven years-old and witnessed the police falsely arrest and manhandle her father. The trauma led to psychological problems that continue to affect the woman who is now twenty-three years old. The father and daughter have been estranged since the time of this incident.
As I do in all my cases, I prepared a detailed case assessment and shared it with my client. My analysis of the case suggested that the daughter’s case was worth as much as her father’s, perhaps even more. I had carefully developed that assessment based on an analysis of the facts, our ability to present a strong case, my review of case law and my review of similar cases in the Bronx. I carefully reviewed that assessment with my client and made sure that she understood how I estimated the value of her case.
Without going into the details of the case, suffice to know that the original attorney believed that the daughter’s case was worth only one-quarter to one-third of the father’s case. Prior to my taking on this case, the City initially offered $20,000 on the case, an amount my client originally considered accepting. After I gave my opening and began prosecuting the case, the City offered the father $150,000 to settle and offered the daughter $50,000. It was clear that the City felt that the daughter’s case was worth only one-third of her father’s. Because my client had an assessment in hand, she understood the value of the case and we rejected the City’s offer.
Many attorneys hope for a settlement so they do not have to go through a trial. I am a trial attorney at heart, so I had rigorously prepared the case. The stronger the trial preparation, the better positioned we are to push for a settlement. We went to trial and the case went very well for my client as we were able to introduce all the evidence and testimony we wanted, kept out some of the City’s evidence and an expert witness. I was able to undermine the testimony of the City’s doctor and the police officer.
As we finished the testimony in the case, the City raised their settlement offer, putting $300,000 on the table for the father and $150,000 for the daughter. The father wanted to accept the offer. The judge pressured us into accepting the offer. My client wavered, but I advised her that my analysis showed the case was worth more and that she should hold out. Despite the pressure from the others, my client agreed because she knew the assessment of the case.
The next morning, before we gave our summations in the case, the City raised their offer for my client to $200,000. Again, my assessment of the case led me to believe that the case was worth more. We presented our closings to the jury and after hearing my summation in the case, the City raised their offer by another $50,000 to $250,000 for my client.
I still believed that the case was worth more, but my client now wanted to accept the offer. She settled for $250,000 while her father received the earlier offer of $300,000. Having understood my assessment of the case, my client was able to withstand the pressure to settle and that earned her an extra $100,000.
I hope you found this information helpful. If you need a personal injury attorney, I would be glad to answer your questions and assist you. If you live in the New York metropolitan area, I could represent you. If you live elsewhere, I can help you find an attorney. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
http://www.schlittlaw.com/
1-800-660-1466
Carol@SchlittLaw.com
What is the Defendant’s Medical Exam (DME)? July 3, 2010
Posted by Carol L. Schlitt in Consumer News, Legal Services.Tags: Defendant Medical Exam, Lawsuit in New York, Legal Terms, New York Lawsuit, New York Personal Injury Lawyer, ny personal injury attorney
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If you file a negligence lawsuit in New York State, the defense is entitled to request a Defendant’s Medical Exam (DME). The idea behind the DME is simple enough: if you make a claim for physical injuries, the defense wants their own doctor to examine and understand your injuries. Let me take some time to explain the Defendant’s Medical Exam and what it means to you as a plaintiff.
The defense needs to make a formal request as part of the Discovery process for a defendant’s medical exam. The defense usually waits until after conducting a deposition of the plaintiff before scheduling the DME. During the deposition, the defense attorney will question the plaintiff and ask the defendant to detail the injuries or illnesses he or she suffered.
The Defendant’s Medical exam will usually occur within 30 days of the plaintiff’s deposition. The defense will notify the plaintiff’s attorney of eh date, time and place and the attorney will notify the plaintiff. If the appointment time creates a conflict, the plaintiff can arrange to reschedule the appointment. In some cases, I work with my clients and the defense’s doctor to reschedule the appointment and in other cases, the client will arrange the new appointment directly with the defendant’s doctor. Rescheduling is acceptable as long as the plaintiff does not miss an appointment or endlessly reschedule as a form of avoiding the medical exam.
The defense will chose a doctor to perform the DME. Most insurance companies have arrangements with a select group of doctors who conduct all of their DMEs. As part of the Discovery process, the defense can request copies of the plaintiff’s medical records and the defense usually provides a copy of those records in advance to the doctor conducting the defendant’s medical exam.
What the Defendant’s Medical Exam Means to You
If you are a plaintiff, it is important to recognize that the defense does not schedule this medical exam because they are concerned with your health. The defense intends to use this opportunity to hire a doctor who will say that you are not as badly injured as your own doctors say so that they can limit the amount of money their client will have to pay in compensation.
You need not worry about your DME. This is part of the legal process and you cannot do anything to avoid it or change the outcome. Sometimes, the examining doctor will confirm your injury or illness and help your case. I have been able to settle cases after the defense’s chosen doctor has confirmed a client’s medical claims. Sometimes, the examining doctor will disagree with your doctor’s assessment, but at trial, you will be able to refute the opinions of the DME doctor.
Preparing for the Defendant’s Medical Exam
Once you have scheduled the Defendant’s Medical Exam, make sure you show up on time. You will want to determine directions and travel time in advance so that you are not subject to delays. It is best to show up a little early so that you are relaxed and comfortable.
Wear comfortable clothes that will be easy to change for our exam. Do not wear any unusual or exotic clothing.
The doctor will ask you questions pertaining to your health and your condition. You should answer the doctor’s questions. However, you should not say anything extra. The defendant’s doctor is not permitted to ask you questions regarding the defendant’s responsibility for the accident. Some DME doctors are such advocates for the defense that they try to “investigate” the incident. This is improper; the doctor’s only function is to evaluate the nature and extent of your injuries. You should not engage in any small talk. You should not give any additional information to the examining doctor. After the exam, he or she will prepare a report that both the defense attorney and I will receive. Any statements you may make to the doctor will be included in that report.
I hope you found this information helpful. The legal process involved in prosecuting a civil suit has many parts to it and the Defendant’s Medical Exam (DME) is just one part. I will write about each part of the process at my blog, New York Law Thoughts. If you have questions or believe you have a personal injury or medical malpractice case, I will be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
Trip and Fall in a Parking Lot July 2, 2010
Posted by Carol L. Schlitt in Premises Liability, Slip and Fall, Trip and Fall.Tags: New York Personal Injury Lawyer, ny personal injury attorney, parking lot accident, parking lot case, Premises Liability, Slip and Fall, Trip and Fall
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Sometimes it seems as if everyone suffers at least one fall in a parking lot in his or her lifetime and some of those people consider filing a trip and fall lawsuit. I have successfully represented clients n many parking lot accidents, come have yielded settlements of more than $100,000 and others for a few thousand dollars.
Trip and fall cases can be difficult to prove and win so it helps to think carefully before pursuing a case. Most trip and fall cases involve some comparative liability, where a jury finds the plaintiff (the person who falls) partially responsible for the injury. A finding of comparative liability reduces the overall award in a case so it is important to evaluate the value of a trip and fall case before proceeding.
I thought it might be useful to look at cases involving a trip and fall in a parking lot to explore some of these issues.
Trip and Fall in a Parking Lot: A Sample Case
Not long ago, I represented a case where a woman stepped in a hole in a restaurant parking lot and hurt her ankle. Here are the facts of the case:
A woman drove with her family to a restaurant to attend a family celebration. She arrived in the parking lot shortly before noon and began walking towards the front entrance. While walking across the parking lot, the woman stepped in a hole and fell, hurting her ankle.
A few hours after the incident, the woman drove to the Emergency Room where doctors determined that she had not fractured or broken any bones, but did suffer a sprained ankle. The doctors wrapped her ankle and prescribed anti-inflammatory and pain killing medicine.
She sought follow up care with her orthopedist who took x-rays that revealed a distal tibial avulsion fracture as well as the sprain. The doctor immobilized the fractured bone with an air cast that the woman wore for seven weeks. The woman missed one week of work at her job because of the injury.
Proving Liability for a Trip and Fall in a Parking Lot
The owner of a parking lot has an obligation to construct and maintain the property to ensure the safety of people who use and walk across the parking lot. The parking lot should not have any steep changes in elevation and should have adequate lighting. The surface should allow for reasonable traction and the owner should patch and repair potholes and cracks. The property owner also has a duty to make reasonable efforts to clear the parking lot of ice and snow.
At the same time, those of us who park our cars in parking lots or walk across them have some obligations too. We need to wear reasonable footwear, watch where we are going and take reasonable caution to avoid problems. If I see a pothole, I should walk around it. If I opt to wear four-inch heels, I need to walk more cautiously.
In my experience, juries hold plaintiffs liable in trip and fall cases. Jurors have told me that victims could have avoided the accident if they paid more attention to where they were going and had simply avoided trouble.
In this case, the property owner bore some responsibility for allowing the pothole to exist, failing to repair it and failing to put any warning signs near the parking lot. My client also bore some responsibility for failing to see and avoid the pothole.
We settled this case before going to trial, but it is likely that a jury would have found my client at least fifty percent responsible for the accident by failing to avoid the hole.
Damages from a Trip and Fall in a Parking Lot
Damages from a trip and fall in a parking lot can range from non-existent (perhaps a small scrape and a dirty knee) to a sprained ankle to more serious injuries involving broken bones and surgical repair. The more serious the injury, treatment and impact in terms of limiting activity or lost wages, the larger the damages. I have had cases involving trimalleolar ankle fractures that have required surgery and resulted in significant six-figure awards. I have also had cases that have involved little more than a sprained ankle that have yielded settlements of a few thousand dollars.
In this case, the woman suffered a sprained ankle, a simple fracture that did not require surgery and did not cause any lasting disability. This injury had limited value for pain and suffering.
Jury Awards and Settlements for a Trip and Fall in a Parking Lot
A jury award is a result of the combination of the liability finding and damage determination. To determine the award, we multiply the liability finding by the amount of the damages. For example, a case where the defendant was found 50 percent liable and the award was $20,000, then the plaintiff would receive $10,000. If a jury found a defendant 80 percent liable and the damages were $1 million, then the award would be $800,000.
In trip and fall cases that involve minor injuries, the cost of going to trial for both the plaintiff and the defendant can cost more than the eventual award. Paying for a doctor to testify and preparing materials and exhibits can easily exceed $10,000. It often benefits both sides to settle smaller cases early as both the defense and the plaintiff can avoid trial costs.
What to Do If You Are Injured in a Trip and Fall in a Parking Lot
If you or someone you love is injured in a fall, the most important objective is to treat that person’s medical needs. See a doctor as soon as possible or go to an emergency room. It is important to follow the doctor’s orders. If the doctor recommends physical therapy, make sure you follow through with the physical therapy.
If you think you have a case, you should consult with a personal injury attorney who has handled cases involving trip and fall in a parking lot. That attorney can evaluate your case and guide you. You should not have to pay a fee for that consultation.
You can help your case by gathering as much information about the incident and accident scene as soon as possible. These steps include:
- Write down the exact address and location of the accident.
- Take pictures of the accident scene. Remember, your phone might have a camera.
- Write down the names and contact information of any witnesses.
- Take notes about the accident. What happened right before the accident, the actual event and the aftermath.
I like to visit the parking lot with my client to make sure that I understand exactly how the incident occurred and to prepare the best possible prosecution of the case.
If a representative from the property owner or the insurance company for the property owner contacts you, you should refer that person to your attorney. Making a misstatement or saying the wrong thing can undermine your case, which is why it is best to refer inquiries to your attorney.
I hope you found this information helpful. If you or a loved one have been hurt in a slip and fall in a parking lot, you may want to consult a New York personal injury attorney experienced with trip and fall cases. I would be glad to answer your questions and assist you. If you live in the New York metropolitan area, I could represent you. If you live elsewhere, I can help you find an attorney. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
If You’re Hurt in a Car Accident, Get the Medical Treatment You Need June 28, 2010
Posted by Carol L. Schlitt in Car Accidents, Consumer News, Motor Vehicle Cases, NY No-Fault Auto Insurance.Tags: car accident, car accident attorney, motor vehicle accident, New York Personal Injury Lawyer, NY No-Fault, ny personal injury attorney, soft tissue injury, treatment after accident
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I received an interesting email from a potential client who had been hurt in a car accident:
I recently had a car accident when another car hit me from behind. The police came to the scene and offered to call an ambulance, but I told them I was just a little shook up. Two days later, I cannot sleep because my neck and back hurt all the time. Is it too late to see a doctor? Is it true that I cannot sue the other driver because I did not go right to the hospital?
Car Accidents and Soft Tissue Injuries
First and foremost, get the medical attention you need. It is always best to err on the side of caution and to have an examination immediately after an accident. If you develop pain or some loss of movement the next day or the next week, go see a doctor. The fact that you did not go to the emergency room or the doctor’s office directly from the car accident does not mean you cannot receive care at a later date. Many people leave the scene of accident feeling fine only to find themselves in pain the next day or the next week. Whenever symptoms present, go see the doctor.
Often times, car accidents result in what we call “soft tissue” injuries, injuries that affect the muscles and the discs in your spine. If you are hit from behind in a car accident, you are prone to these types of injuries as your body moves forward and then snaps back (often called “whiplash”).
New York No-Fault Coverage for Medical Costs
In New York, people hurt in a car accident have their medical treatment covered by No-Fault Insurance. (You can read more about No-Fault here.) As long as your injuries were caused by the accident and as long as you filed a claim within 30 days of the accident, No-Fault will provide coverage. It does not matter if you start treatment the day of the accident or the next week. As long as your doctor states that the injuries resulted from the accident, No-Fault will provide coverage.
Soft tissue injuries such as neck and back problems can be very painful and uncomfortable. Doctors often treat these conditions with a combination of anti-inflammatory drugs and physical therapy. There is no easy fix for a sprained neck or bulging disk. It is important to follow your doctor’s directions. If he or she recommends physical therapy three days per week, please arrange to receive physical therapy three days per week.
Car Accidents and Law Suits
The second part of the question asked how the promptness of medical treatment after a car accident affects the ability to pursue a lawsuit for pain and suffering. While it is true that the earlier you contact an attorney, the more the attorney can help you, it is much more important to see a doctor. If you have a car accident, see a doctor before hiring an attorney. Your health comes first and you will have no basis for a lawsuit unless you receive medical care. Quite frankly, clients who retain a lawyer before seeing a doctor are looked upon suspiciously by insurance companies and the courts. The only reason to speak to an attorney before seeing a doctor is if you need help finding a doctor.
Again, it is always best to seek medical attention immediately following an accident, but a delay of a day or several days does not prevent you from pursing a lawsuit after a car accident. If you have pain, if you have suffered an injury, seek medical care as soon as you can. If that is three days later, then get that medical care three days later.
I hope you found this information helpful. If you have questions about injuries suffered in a car accident or other motor vehicle accident, you may want to consult a New York personal injury attorney experienced with car accidents. I will be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
Bicyclist Hit by a Rental Car Raises Issues about New York No-Fault Insurance and the Ability to Sue for Damages June 25, 2010
Posted by Carol L. Schlitt in Bicycles, Motor Vehicle Cases, NY No-Fault Auto Insurance.Tags: Bicycle Accidents, Bicycle Safety, motor vehicle accident, New York Personal Injury Lawyer, NY No-Fault, ny personal injury attorney
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I received a call yesterday from a woman calling about a bicyclist who had been hit by a car. Here are the facts that she presented and her questions
The man rode his bicycle in Brooklyn. A car hit him, knocked him out and broke his leg, left him with other assorted bruises and abrasions and wrecked his bicycle. The bicyclist does not remember the accident. The car that hit him was a rental from Avis driven by an out-of-state driver. A representative from Avis had called and claimed that the bicyclist had ridden through a red light and that’s what caused the accident.
The woman wanted to know if New York’s No-Fault Insurance would cover the bicyclist’s injuries. She also wanted to know if he could sue for additional damages.
I am glad that the woman called on behalf of the bicyclist because, if in doubt, the best thing to do is to consult with a New York personal injury attorney. Most personal injury attorneys, including me, offer a free consultation and we do our best to advise potential clients about their options. It was also important that the bicyclist was receiving the necessary medical attention.
New York’s No-Fault Insurance and Bicycle Riders
New York’s No-Fault Insurance will cover the bicyclist’s medical expenses. As the name implies, No-Fault Insurance does not care who is at fault. It is designed to provide benefits quickly. (You can read about No Fault here, and an article about No Fault in pedestrian accidents here, and in car accidents here.)
The driver of the car lived out-of-state, but he drove a rental car that he obtained from Avis in New York. The insurance will be attached to the car and since the car is based in New York, the car’s insurance will include New York No-Fault coverage.
The first step to receiving coverage is to identify the driver’s insurance company. In this case, the bicyclist can contact Avis to learn the name of their insurance company. The caller had a copy of the police report from the incident. The police report will have an Insurance Company Code for the driver of the vehicle that hit you. You can look up that code and find the contact information for each insurance company at the Department of Motor Vehicles website. For example, Geico has code number 639 and State Farm has code number 328.
In this case, Avis may be self-insured and provide No-Fault benefits directly.
Once you find the name and contact information for the insurance company, you can call the contact, tell the company about the accident and request that the insurance company send you a No-Fault application (Form NF-2). You can download the form from the New York Department of Motor Vehicle website, but most insurance companies will immediately send the form and they will usually have an insurance company representative contact you.
If the company fails to send you a form, you should send them a letter stating that you were hurt in an accident by a car driven by one of their customers. Include a copy of the police report in the letter. You should send the letter via certified mail to the contact address listed with the Department of Motor Vehicles. Sending the letter will protect your rights under No-Fault and will inspire the most intractable insurance company to respond.
You only have 30 days to file a claim, so please do not procrastinate; notify the driver’s insurance company right away.
New York No-Fault will cover the bicyclist’s medical expenses. Most policies cover up to the first $50,000 in medical expenses.
You need only complete the form to receive No-Fault coverage. You do not need to discuss the case with the insurance company representative. If you do discuss the incident, the insurance company may use your words against you.
The Injured Bicycle Rider: Does He Have a Case for Pain and Suffering?
Even in cases involving bicycle riders and pedestrians. New York’s No-Fault Law requires that a victim suffer a serious injury if the victim is to sue for damages. (Click here to read an article about the definition of a serious injury). In this case, losing consciousness and the broken leg will qualify as a serious injury. Was the driver of the rental car liable for the bicyclist’s injuries?
The bicycle rider does not remember what happened and the representative for Avis blamed the bicycle rider. Despite the insurance company representative’s self-interested assertion, we do not know who was at fault or if both the driver and the bicyclist were at fault. The best way to answer the question of liability is to contact an experienced New York personal injury attorney who can investigate the case. Even if the bicycle rider bears some of the responsibility for the action, the driver could still be held liable for the bicyclist’s injuries. (You can read here about New York’s comparative liability law).
Only after conducting an investigation about the cause of the accident can an attorney determine liability and advise the client if he has a viable case.
I hope you found this information helpful. I have a special interest in bicycle cases since I often ride myself and I was once hurt in an accident when a driver hit me and rendered me unconscious. I was wearing a helmet and the helmet may have saved my life. If you ride a bicycle, I hope you wear your helmet.
If you or a loved one has been hurt in a bicycle accident, you may want to consult a New York personal injury attorney. I would be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
What is a Deposition and How Can I Prepare for a Deposition? June 24, 2010
Posted by Carol L. Schlitt in Consumer News, Customer Service, Legal Services.Tags: ny personal injury attorney, New York Personal Injury Lawyer, What is a deposition?, Deposition, Civil Law Practice, Deposition Attire
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A key component in many legal proceedings occurs when someone gives a deposition. I provide my clients with a detailed explanation of the deposition and how it fits into the civil legal process. I also help them prepare for a deposition. I want to use this article to share some of that information with you.
What is a Deposition?
A deposition occurs any time a person appears under oath to answer questions posed by an attorney. It usually occurs outside the courtroom and usually takes place in a lawyer’s office or the office of a court reporter. The deposition, also known as the Examination before Trial (EBT), allows the opposing lawyer to collect testimony from a witness that assists in the preparation of a case. The testimony taken during a deposition can be used at a trial.
In a civil case, such as a negligence or malpractice lawsuit, depositions will occur as part of the Discovery phase. The Discovery phase comes after a suit is filed and the initial papers are exchanged. Both sides begin to exchange information and that is known as Discovery.
During the Discovery Phase, both parties have the right to depose the plaintiff and defendant. If the defendant is a business, then the plaintiff has the right to depose employees with knowledge of the case. If the plaintiff is claiming medical injuries, then the defense has a right to have a doctor of their choosing examine the plaintiff; this medical examination is known as the Defendant’s Medical Examination (DME).
What the Plaintiff Wants to Accomplish in the Plaintiff’s Deposition
If you are a plaintiff in a lawsuit, your deposition is one of the critical actions in the process leading to a trial or a settlement. On the surface, the deposition is a simple process. The defense attorney will ask you questions and you answer those questions. If you do not know an answer, you can simply say that you do not know. Your attorney should accompany you to the deposition and you can talk to your attorney any time you are unsure of a question or how to answer.
When I represent a client, we want to accomplish several objectives with the plaintiff’s deposition:
- Tell a clear and believable account about your accident.
- Demonstrate your believability as a witness
- Demonstrate our preparedness of the case and a potential trial
The defense attorney will try to pin down certain facts and will use the deposition to assess how you will perform as a witness at trial.
Depositions of Other Witnesses
When I depose a defense witness, I seek to do the following:
- To learn the defense version of the case.
- To pin down a witness on the facts so he or she cannot change his story later.
- To learn some of the ways that the defense will defend the case.
- To get the witness to testify to all the basic facts that we need to prove in the case, such as ownership of the building and employee status.
- To assess the impression the witness is likely to make on the jury.
Preparing for a Deposition
You need not do much to prepare for your deposition; in fact, doing too much would not help you. So relax and do not worry. I ask my clients to do the following:
- Do not “study.” Do not “practice.”
- Do not read any documents or look at any material other than what your lawyer may provide in advance. If you review any records in preparation for your deposition, you and your lawyer may have to provide copies of those records to the defense.
- Do not speak to anyone else about your case or your deposition; especially do not discuss your case with a stranger. It is not uncommon for defendants to hire investigators to observe plaintiffs and to try to glean “insider” information.
I meet with my clients in advance to help them prepare and to answer any questions they may have.
What to Do the Day of Your Deposition
The best thing you can do is relax. Here are some tips you can follow:
- Make sure to get a good night’s sleep the two nights before your deposition. Being well rested will keep your mind fresh.
- Have a good breakfast that morning. You don’t want to be hungry or distracted during your deposition.
- Make sure you know where the deposition will be and how you will get there. Plan your route in advance. You do not want to figure out where to go and how to get there on the morning of your deposition.
- Leave early. You want to leave plenty of time and you want to make sure that you are not rushed or stressed.
- Do not speak to any strangers coming to or from the deposition. Once again, it is not uncommon for defendants to hire private investigators to observe plaintiffs going to or from a deposition. They will be looking to see if you are doing any activity that is not consistent with your injury (e.g., carrying heavy items, walking up and down stairs without difficulty, etc.).
- Do not carry any heavy tote bags, knapsacks or handbags. You do not need to bring any material to the deposition and I do not want you to walk around with heavy baggage.
What to Wear to Your Deposition
The most frequent question I receive is, “what should I wear to my deposition?” You want to dress well to make a good impression and you want to be comfortable. You do not want to wear anything that might be controversial or make a bad impression. In general, “business casual” is the best choice. This means nice slacks and a collared shirt or dress or skirt. You need not wear a suit, but it is better to be overdressed than underdressed. Wear flat shoes or ones with a very small heel. Remember; dress as if going to court or on a business interview. You are not dressing for a wedding or a nightclub, or a casual gathering with friends.
Remember, the defendant’s attorney is going to be giving his/her impression of you to the insurance adjuster who will be deciding if they want to settle your case. You want to display a serious impression so that the attorney will relay that to the insurance company.
The Actual Deposition
Let’s remember the objectives that we have for a plaintiff’s deposition:
- Tell a clear and believable account about your accident.
- Demonstrate your believability as a witness
- Demonstrate our preparedness of the case and a potential trial
We want to establish the plaintiff’s version of events. If you are the plaintiff, we want your testimony to tell a credible, clear and concise story about the incident and your injuries and we want to make a strong, favorable impression upon the defense attorney. We need your testimony to establish that the incident was caused by something the defendant either did or failed to do. We also need to establish that the incident caused your injury and that your injury is serious with permanent effects.
Participants
There will be a number of people in the room during our deposition. In addition to you and me, there will be the following:
- The defense attorney. It is possible that the defense attorney may bring a second attorney or a staff person.
- A stenographer also known as the court reporter. He or she will administer the oath and take down the questions and answers so we can produce a written transcript of your testimony.
The Process
I usually enter the room where we will conduct the deposition with my client. There is likely to be some general introductions and some small talk. You should relax and make yourself comfortable.
The court reporter will administer an oath to you. In taking the oath, you will agree to tell the truth. If a person gives false testimony under oath, he or she could be subject to perjury charges.
The defense lawyer will begin to ask you questions. The beginning questions will be very simple such as asking you your name and address. It is likely the court reporter will ask you to spell your name.
Most of the deposition will be spent with the defense attorney asking questions and the plaintiff answering them. When the defense attorney is finished asking questions, I may ask the plaintiff some questions. I usually do not ask many questions and will do so only if there is information that I want to make sure is added to the record.
Some Thoughts about the Deposition
The deposition is a question and answer session. The attorney will ask you a long series of questions and you will answer them to the best of your ability. You need not study or do any special preparation. You need not put on a special performance; you need only act naturally and answer the questions.
That said, you should remember that we are there to put forth your claim. The opposing counsel will ask questions that are designed to undermine your claim. He or she is not you friend and does not have your interest at heart.
You need not get every answer perfect. It is okay if you do not know the answer to the question. You can say, “I do not know” or “I do not remember.” This is not a test so do not feel that you need to answer every question. Only answer the question if you have an answer.
You should listen carefully to each question and make sure that you listen to the whole question. Make sure you understand the question. If you do not, ask the attorney to repeat it or to clarify.
Do not answer right away. Pause to make sure you understand the question and the answer that you want to give. Do not blurt anything out. Do not feel rushed or pressured to give an answer.
Only answer the question you were asked. You want to answer the question asked without adding information. The question should be direct and you should be able to answer them directly with specific answers. You do not need to answer open-ended questions such as, “Tell me everything that happened that day.”
All of your answers must be verbal, meaning you cannot point at things or use your hands to demonstrate something. Remember, your testimony will be reduced to a written document, so only your words will be recorded.
You should relax and act naturally. Remember, we want to make a positive impression and your testimony can be read back at trial. Therefore, you want to make your answers clear and thoughtful.
Avoid using any slang or casual language. For example, say “yes” instead of “yeah” and say “no” instead of “nope” or “nah.”
The opposing attorney may be a nice person, maybe friendly and warm. He or she make joke with you. Remember, that person does not represent you and does not have your interest at heart.
Once the deposition begins, everything you say will be recorded as part of the transcript, so there is no “small talk” during the deposition, no matter how the other attorney acts. Attorneys often use friendliness and humor to catch witnesses off-guard. You should be pleasant, but remember why you are there. You want to answer the questions and build your case.
I sit next my clients throughout the deposition. At any time that you do not understand a question or if you have a question about a question, you can speak to me. If I hear a question that I think is inappropriate, I will object. That is another reason why you should pause before answering a question: that will give me an opportunity to object if necessary.
The deposition can last from 30 minutes to over two hours or even longer in a very complex case. Ask for a break at any time during the deposition if you feel you need to use the restroom, get something to drink, or even just walk around. The only time you cannot break is when there is an “open” question – if an attorney has asked a question and you haven’t answered.
Here are some Do’s and Don’ts for your deposition:
- Do answer a question as directly as you can.
- Don’t volunteer information.
- Don’t answer a question that you don’t understand or that includes a word that you are unsure of its meaning.
- Do tell the attorney that you don’t understand the question if you have any doubt about it.
- Don’t talk to defense counsel except on the record when your lawyer is present [no chats about the weather, weekend plans or anything else].
- Do ask for a break if you need one.
- Do ask to speak to your lawyer if you have a question or are unsure of something.
- Don’t say what you “think” someone else saw or what they intended to do. Only testify about facts – don’t guess at someone else’s motives or intentions.
- Do be aware of “leading” questions where the attorney tries to make you give a “yes” or “no” answer to a confusing and/or compound question. It is perfectly permissible to say that you cannot fully answer the question with merely a “yes” or a “no”.
- Do ask the lawyer to repeat the question if your mind wanders for an instant and you’re not sure that you heard the entire question.
What Happens After the Deposition
After the deposition is over, you should relax and congratulate yourself on a job well done. Take some time for yourself. If later that day or the next day, you have any questions, you should call your attorney. I always try to speak with my clients the next day to see if they have any questions and to see how they are doing.
After the deposition, the court reporter will type up the transcript of your testimony. Your attorney will receive a copy of the transcript. It typically takes four to six weeks to receive the transcript of the deposition.
Your attorney will send you a copy and review it with you to make any corrections or revisions. Usually, I only have my clients correct typographical or transcription errors. After you complete that review, you will sign the changes and your attorney will send a copy of that revised transcript to the defense counsel.
I hope you found this information helpful. If you or a loved one has been hurt due to the negligence of another, you may want to consult a New York personal injury attorney. I would be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
http://www.schlittlaw.com/
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
Personal Injury Cases Against Family Members June 22, 2010
Posted by Carol L. Schlitt in Car Accidents, Insurance Policies, Motor Vehicle Cases, NY No-Fault Auto Insurance, Premises Liability, Slip and Fall, Trip and Fall.Tags: car accident, Family lawsuits, motor vehicle accident, New York Personal Injury Lawyer, ny personal injury attorney, Slip and Fall, Suing a family member, Suing my brother, Trip and Fall
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From time to time, a client suffers an injury due to the negligence of a family member. These cases can cause emotional turmoil and can split families, though they need not do so. Whether a slip and fall at a sister’s home or a broken leg suffered in a car accident when a brother drove recklessly, negligence cases involving family members raise two questions:
- Can I sue a family member?
- Should I sue a family member?
Let me offer some guidance that you may want to consider.
For Insurance Purposes, Who is Family and Who is Not Family
Most insurance policies cover immediate family, but not extended family. Therefore, the person who is not a member of your household is viewed the same as a stranger by the insurance company.
The homeowner’s policy that my husband and I purchase covers both of us and our children against damage claims. Our policy does not allow an immediate family member to sue for damages. For example, if my fourteen-year-old son left out a rake and I tripped on the rake, I could not sue my son.
Our auto insurance covers all listed drivers (we currently list my husband, our eldest son and me). The policy covers any incident where one of us drives the car or another authorized person drives the car. While our New York auto insurance policy provides no-fault coverage and benefits and we have purchased extended medical coverage, no immediate family member can sue for damages beyond the no-fault and extended medical coverage.
Unless the insurance policy specifically says otherwise, my homeowner’s or motor vehicle insurance policy does not automatically cover anyone not part of our household. If such a person suffered an injury due to my negligence, that person could seek compensation for pain and suffering by suing me. It would not matter if the person is a stranger or my brother or mother. In terms of the insurance policy, they are all treated the same.
If you have questions about your insurance coverage, you should contact your insurance broker or your insurance company.
Motor Vehicle Crashes Involving Family Members
If you suffer an injury in a car accident caused by a family member, you need to file a claim to qualify for New York’s no-fault auto coverage. No-fault will pay for your medical bills and property damage. You have 30 days from the date of the accident to file the claim.
If you want to seek compensation for pain and suffering, then you will need to sue the family member who acted negligently and caused your injury. Understand, that when your family member is sued, the auto insurance company will provide a lawyer for their defense and the auto insurance company will pay for any damages awarded by a jury or negotiated as part of a settlement. That is why we purchase insurance coverage: to provide financial protection when we act negligently.
Suing a family member for damages is not personal. It does not mean you hate your family or want vengeance. It is simply the only system we have for obtaining compensation.
Here is a sample car accident case where a man sued his brother:
A man I will call Robert rode as a passenger in a car driven by his brother, whom I will call Andrew. Andrew exceeded the speed limit and ran a red light. In making the turn, he drove too wide and hit a light pole. The crash injured Robert, who suffered a broken leg.
Robert filed a claim with Andrew’s insurance company and qualified for no-fault benefits that paid for his medical expenses. However, Robert’s injuries required surgery – to insert a metal rod in his leg – and extensive rehabilitation. He also missed work and lost money due to his lost wages. Robert needed compensation for the injuries he suffered, so he sued Andrew and we negotiated a settlement with the insurance company.
Robert and Andrew were close and remained close after the accident. Andrew understood that Robert was entitled to compensation and could only receive it by suing his brother. In fact, the insurance company provided the defense and paid the settlement. Andrew thought of it as Robert suing his insurance company.
Slip and Fall Cases and Premises Liability Cases Involving a Family Member
Just this week, I heard from a man who slipped and fell in his brother’s driveway and hurt his head, neck and back. His sister-in-law and niece witnessed the fall and his sister-in-law told him that she had warned her husband (the man’s brother) to fix the driveway. In fact, her husband (the victim’s brother) had fallen there himself.
What should the man do?
First, he needs to take care of his medical needs. Second, he needs to file a claim with his brother and his brother’s insurance company. Filing a claim will enable him to get coverage for medical costs and will protect his rights. Do not assume that because you are related that your family’s member insurance coverage extends to you; it does not. If you fail to file a claim, you may lose any right to coverage or to pursue further damages.
In New York, you have a maximum of 30 days from the date of an accident to file a claim. You can file a claim yourself, though if you seek damages, you would be better served to have an attorney file the claim on your behalf. To file a claim, write a letter addressed to the owner of the home. State that you were injured in the incident and give the date, approximate time and location. State that you were injured due to the negligence property owner and that you want to file a claim.
When you file a claim, the insurance company will contact you, collect some information and tell you how to receive medical coverage. Again, if you want to seek compensation beyond medical bills, you would be wise to retain an attorney to file the claim on your behalf and for all communications to go through your attorney.
If you want to collect damages for your pain and suffering, you will need to sue the family member whose negligence caused the injury. In the case outlined above, the man will need to sue his brother. As with a car crash caused by a family member, the family member’s homeowner’s insurance company will provide a lawyer and will pay for the damages.
“If I Sue My Brother, Will He Hate Me?”
All members of a family need to understand that when it comes to insurance coverage, filing a claim or a lawsuit is not personal. Under our system, the only way to receive compensation from an insurance company is to file a claim. If you want to collect damages for pain and suffering, the only way to do so is to file a claim and, if you cannot negotiate a settlement, file a lawsuit. Keep these thoughts in mind:
- We purchase homeowner’s insurance and auto insurance to provide coverage in case of an accident. That coverage pays out when someone files a claim or a lawsuit against us.
- The insurance coverage would make a payment to a stranger, so why should it not make a payment to a family member?
- Filing a claim or a lawsuit against a family member is not an act of war or a way to seek vengeance. Filing a lawsuit may be the only way to receive compensation for your injuries.
- If a family member files a claim or a lawsuit against you, do not take it personally. It is not an attack; it is the only way your family member can receive compensation for an injury.
- Remember, the money will not come from your pocket but will be paid by your insurance company.
- If a visitor fell on your property due to a defect or some negligence, you would understand if the visitor filed a claim for damages. Why would you deny that right to your family member?
A Word of Caution: Do Not Conspire Against the Insurance Company
As an attorney, I do need to caution that any statement you make to a family member could wind up in court and can be used against you.
You also may not conspire with a family member against an insurance company. You cannot make up evidence or hide evidence. You cannot “get your stories straight” or jointly prepare what you will say to the insurance company. You cannot rehearse your stories. You cannot arrange for a family member to undermine the insurance company. Insurance companies rightfully look out for fraud and, if they suspect fraud, not only will they deny your claim, they may also seek criminal penalties.
The best advice? Tell the truth. Do not embellish your story. Do not work with your family member to prepare your case. Enjoy your relationship with your family, but do not discuss this case until after it is resolved.
I hope you found this information helpful. If you or a loved one has been hurt due to the negligence of another, you may want to consult a New York personal injury attorney. I would be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
Slip and Fall at a Supermarket: A Case Study June 21, 2010
Posted by Carol L. Schlitt in Premises Liability, Slip and Fall, Trip and Fall.Tags: Fall in a supermarket, New York Personal Injury Lawyer, ny personal injury attorney, Premises Liability, Slip and Fall, Supermarket Case, Trip and Fall
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Over the years, I have represented many clients who have hurt themselves in slips and falls at supermarkets. We do not think of our local supermarket as a hazardous location, yet it turns out they are prone to small puddles due to spills and problems with coolers. In the last few years alone, I have handled half a dozen cases where my clients slipped and fell on a puddle inside a supermarket. Here are is a sample case:
A Case of a Slip and Fall in a Supermarket
On a snowy January night, a retired man entered a small supermarket in the Bronx, walking across a black mat placed in the entrance to capture water from patron’s shoes as they entered the store. He headed towards the juice aisle near the coolers and some drink fountains. As the man turned to enter the appropriate aisle, he slipped and fell on accumulated water on the floor and landed on his right hip. He lay motionless on the ground and called for help. After initially ignoring his cries, the store employees came and offered to help the man. Because of the pain in his hip, the man was unable to stand and one of the employees brought out a milk crate on which he could sit.
The man asked the employees to call an ambulance and the employees laughed at him. After multiple requests, an employee finally called for an ambulance. The man had entered the store at approximately 2:25 a.m. and the ambulance records show that no one called for an ambulance until 2:55 a.m. Their delay and behavior caused great anguish, pain and humiliation for my client.
While the man waited for an ambulance, the store manager placed a warning sign over the accumulated water, though he did not clean or remove the water during the time that my client was in the store waiting for the ambulance.
Hospital x-rays revealed that the man had fractured his pubis. While doctors opted not to perform surgery, they kept the man in the hospital for six days and he underwent a long and rigorous physical therapy program after discharge.
Seeking Compensation
The man came to me seeking help. He wanted to make sure the supermarket paid for his medical bills, but he also wanted compensation for the injuries he suffered and the humiliation he felt when the employees laughed at him and refused his requests for assistance.
We had to prove that the supermarket was liable for the man’s fall. We did so using several key points of evidence and testimony:
- The client testified that he slipped and, when he fell, he landed in the small puddle that caused the fall.
- The store was aware of the potential for water to gather indicated both by the mat they placed to collect water from patrons and because water had gathered at the same spot on a regular basis.
- The ambulance recorded that the man slipped and fell and was wet from the puddle.
- The store manager testified that, after the fact, he placed a warning sign because of the puddle.
The defense argued that the store employees were unaware of the puddle and when they learned of it, the manager put up the warning sign. We argued that the store manager should have been aware of the puddle because he knew people were tracking water into the store and because water gathered in that area before.
We documented the damages suffered by the man in several ways:
- Medical records documented the nature of the injury and the treatment needed for the injury.
- The man testified about his pain and suffering, the recovery period and his diminished movement.
- Statements of friends about the differences between the man’s activity levels before and after the incident and the effort his recovery required.
Ultimately, the defense believed we could prove the supermarket’s liability in court and could document the injuries. They settled the case for $60,000.
Winning a Negligence Case Against a Supermarket
When I receive a call and the client says, “I fell and hurt myself in a supermarket, do I have a case?” I explain the two conditions they must meet to seek damages in a supermarket fall:
- You must have suffered damages. This requirement may seem obvious. If I trip and fall, land on the ground, get up, dust myself off and keep walking, then I have suffered no damages. If I trip and fall, twist my ankle, require a soft cast and have limited movement for several weeks, I have suffered damages. If I break a bone in my hand and hurt my back, tear my best suit, spend a week in the hospital and miss six months of work due to medical rehabilitation, then I have suffered significant damages.
- The other person or party must have caused this accident through their negligence or direct action. It is not enough that you trip and fell; the supermarket must have caused you to trip or fall and we need to be able to prove the negligence of the supermarket.
If You Have Hurt Yourself in a Fall at A Supermarket
If you or someone you love is injured in a fall, the most important objective is to treat that person’s medical needs. See a doctor as soon as possible or go to an emergency room. It is important to follow the doctor’s orders. If the doctor recommends physical therapy, make sure you follow through with the physical therapy.
If you think you have a case, you should consult with a personal injury attorney who has handled supermarket cases. That attorney can evaluate your case and guide you. You should not have to pay a fee for that consultation.
You can help your case by gathering as much information about the incident and accident scene as soon as possible. These steps include:
- Write down the exact address and location of the accident.
- Take pictures of the accident scene. Remember, your phone might have a camera.
- Write down the names and contact information of any witnesses.
- Take notes about the accident. What happened right before the accident, the actual event and the aftermath.
I like to visit the supermarket with my client to make sure that I understand exactly how the incident occurred and to prepare the best possible prosecution of the case.
If the supermarket did not file a incident report, your attorney will guide you on filing that report. If you are contacted by a representative from the supermarket or the insurance company for the supermarket, you should refer that person to your attorney. Making a misstatement or saying the wrong thing can undermine your case, which is why it is best to refer inquiries to your attorney.
I hope you found this information helpful. If you or a loved one have been hurt in a slip and fall at a supermarket, you may want to consult a New York personal injury attorney experienced with supermarket cases. I would be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
Filing a Lawsuit in New York: The Summons and Complaint June 18, 2010
Posted by Carol L. Schlitt in Consumer News, Legal Services, New York Law, Personal Injury Law.Tags: Customer Service, Lawsuit in New York, Legal Definitions, New York Lawsuit, New York Personal Injury Lawyer, ny personal injury attorney, Summons and Complaint
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We often talk about filing a lawsuit. In reality, the technical action involves filing a Summons and a Complaint. Together, these papers are part of what are called the “pleadings”. These documents tell the Court what happened and explain what relief you want the Court to provide. They also compel the defendant to appear in Court to answer the allegations.
The Summons and Complaint are the first papers filed with the court and they start the lawsuit. Because this is an action between two parties that does not involve criminal charges, the case is known as a civil action. In these papers, the person on whose behalf a lawyer files the papers is known as the plaintiff and the party that person sues is called the defendant.
The Summons
The Summons literally “summons” the defendant to answer the Complaint. We must include the following in the Summons:
- The name and address of the defendant: The top of the Summons is called the caption. This must include the exact name and address of all parties named in the Summons. When I prepare a Summons, I want to make sure that I have the name correct. Therefore, I verify corporate names and addresses with the New York Secretary of State. Getting a name or address wrong can invalidate the papers.
- The State and County in which we will file the case: In general, we can only bring a suit in a State or County where one of the parties resides. If the parties both reside in New York, but in separate counties, then we can chose in which County we want to bring the action. If both parties reside in separate states, the case may be brought in a Federal court.
- The Court in which we will file the case: New York has four levels of courts in which a civil action can be brought:
- Small Claims Court: This court is reserved for cases with a maximum value of $5,000.
- New York Civil Court: This court is reserved for cases with a maximum value of $25,000.
- New York Supreme Court: This court hears cases with a value that may exceed $25,000. Though this court hears cases with a potential value over $25,000 that does not guarantee that a jury award will exceed $25,000.
- The New York Court of Claims: This Court is the exclusive forum for civil litigation seeking damages against the State of New York or certain other State-related entities such as the N.Y. State Thruway Authority, the City University of New York and the N.Y. State Power Authority.
The Summons gives the defendant a maximum of thirty days to respond to the Complaint. If the defendant does not respond to the Complaint within thirty days, the Court views that as an admission that the Complaint is accurate and the defendant admits to the charges. We can return to Court to file a judgment against the defendant and proceed to seek damages.
It is extremely rare for a defendant not to answer Summons. Typically, when a defendant fails to answer the Complaint within thirty days, the Court will extend its time to answer the Complaint if the defendant requests an extension because the Court prefers that cases be resolved on their merits and not upon technical errors or missed deadlines.
The Complaint
The Complaint states the allegations against the defendant and the relief sought. The Complaint speaks in general terms and covers all possibilities that may arise in a case. The Complaint can speak in general terms because we must supply more specific information later in the process in the Bill of Particulars.
It is important to address all possible allegations in the Complaint because if we leave something out, it is difficult to add it later. The relief is stated in very general terms. For example, the complaint may simply state that we seek a judgment in excess of $25,000, which is the limit of the lower civil courts. There is no need to cite a specific dollar amount sought.
The Complaint must include the following information:
- The name of the defendant(s) and why we are claiming that they are responsible
- What happened to the plaintiff as a result of the defendant’s conduct
- Where it happened
- When it happened
- What did the defendant(s) do wrong?
- What relief are we seeking from the defendant(s)?
When I prepare a Complaint, I number each paragraph and each paragraph is limited and precise in what it says. The defendant(s) must respond to this Complaint and the more precise the allegations, the more difficulty they will have answering those allegations.
Serving the Summons and Complaint
After preparing the Summons and Complaint, we must file them with the Clerk for the County and Court in which we have filed the case. In New York, this involves paying a filing fee of $210.
Once we file the Summons and Complaint, we need to serve the documents on the defendant(s). The person who serves the documents must be over the age of 18 and cannot be a party to the suit. Generally, attorneys will retain a Process Server to serve the Summons and Complaint.
There are three options for serving the Summons and Complaint:
- Personal Service: This requires that the process server give the Summons and Complaint directly to the defendant. I usually rely on Personal Service when serving a Summons and Complaint on an individual, such as a driver in a motor vehicle case or a doctor in a medical malpractice case.
- Substituted Delivery: This requires that the process server give the Summons and Complaint to someone other than the defendant at the defendant’s residence or place of business. For a corporation registered in New York State, we can serve the summons on the New York Secretary of State, who then notifies the corporate contact on file. The attorney must follow this service with a mailed copy of the Summons and Complaint.
- Conspicuous Delivery: If we cannot find the defendant or someone at the defendant’s residence or place of business, then the process server can leave the documents in a conspicuous location at the residence or place of business. This delivery option is sometimes known as “Nail and Mail,” because we follow with a mailed copy of the Summons and Complaint.
In all three options, the process server must provide the attorney with an affidavit of service, which is a sworn statement stating that he served the Summons and Complaint. The attorney then files the affidavit of service with the court.
The cost of using a process server ranges from $100 to higher depending on the number of defendants and the difficulty of serving the Summons and Complaint.
Once we have filed and served the Summons and Complaint, we have started the legal process in the courts. The defendant will then respond and we will exchange additional documents, including the Bill of Particulars, which further explains the allegations, and we will begin the Discovery Process, which involves exchanging information.
I hope you found this information helpful. The legal process involved in prosecuting a civil suit has many parts to it and serving the summons and complaint is just one part. I will write about each part of the process at my blog, New York Law Thoughts. If you have questions or believe you have a personal injury or medical malpractice case, I will be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
