![]() The driver then began honking her horn and the defendant walked back to his semi-truck and drove away. He then pulled on her door handle, yelled obscenities at her, hit her car window, and threatened her life. After both drivers were stopped, the defendant got out of his semi-truck and approached the driver. ![]() After speeding to get around the driver, the defendant abruptly stopped, causing the driver to slam on her brakes. When the driver got off an exit, the defendant sped up and drove around the driver, nearly hitting her. On May 1, 2002, the defendant, a semi-truck driver, flashed his lights, honked his horn, and followed closely behind a driver for the span of eight miles through a construction zone. In addition, this information allows the defendant to prepare a defense and to prevent future prosecution for the same offense. According to the court, a bill of particulars serves to inform the defendant of the nature of the charges and the evidence against him or her. This case explores the question of what is a bill of particulars. The following case answers the question above. Lawyers and other courts then can rely on that ruling when they have a similar issue in their case. When the court decides a certain meeting to the law it essentially answers a legal question. The legislature can’t anticipate every possible fact scenario when they pass a law, so it lay to the courts to interpret the law and give guidance to what it means. Sometimes the black letter law passed by the legislature is unclear. Frequently Asked Criminal Defense Questions.A Step by Step Guide to a Criminal Case.Frequently Asked Personal Injury Questions.A Step by Step Guide to a Personal Injury Case.To learn whether you can change your theory of liability in the middle of your case, I invite you to watch the quick video below. 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 “verified” 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.Īll 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 “you” I really mean your lawyer. When you bring a lawsuit in New York seeking compensation for your injuries, you as the “plaintiff” are required to itemize in detail the allegations against the people you are suing.
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