Legal Question in Personal Injury in New York

Plaintiffs rights

Does the defense have the right to ask a plaintiff to substantiate what the plaintiff alleges in the bill of particulars (line by line) during an injury deposition?

Thats why a person hires a lawyer, to construct the legal documents.

How can an average person be expected to decipher a legal document the way they are specifically written?

A person reads it over and if it sounds ''right'' then you sign it.

My lawyer wouldn't allow me to answer the line by line questioning and specifically state what I meant by each charge and why I felt I could make each claim against each defendant.

Just wondering what set of rules or procedures allows or doesn't allow for me to have to answer what each defense counsel wants me to explain line by line.

I didn't ask my Atty. this yet. I trust them and didn't want to question their knowledge of why they wouldn't allow it, although I am releived at this point I didn't have to. At least not yet, the depo. isn't finished and I'm sure some type of motion will be forthcoming by the defense to compel it..

Thank you.


Asked on 12/11/07, 11:58 am

1 Answer from Attorneys
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Plaintiffs rights

It depends on a number of variables. But the short answer is yes. That is why proper preparation is 95% of the battle. If you are unhappy with your representation or have more questions, please call me for a free legal consultation at 1(800)WE-FIGHT OR 1(718)WE-FIGHT.

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Answered on 12/16/07, 3:08 pm


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