![]() ![]() Of course, there are often exceptions that apply in certain situations.įor a complete list of all exceptions, please consult the Consolidated Laws of New York.Īttorney Naima is also happy to answer any questions about your injuries or ability to pursue a claim against the responsible party. The information provided on this page speaks in general terms. ![]() The jury will then award compensation based on the evidence you present. Here, you will present evidence of your injuries and damages to the jury. The case will proceed to the second part if the defendant is found liable. In the first part, the parties present their evidence, and the judge or jury determines whether the defendant caused your injuries. New York City courts typically try personal injury cases in two parts. The parties’ attorneys will engage in jury selection, picking six jurors and two alternates. Jury selection is the first thing that occurs after a case is called for trial. If the parties cannot come to a compromise, the case will proceed to trial. If the case settles, it resolves, and there is no need for trial. The parties may engage in settlement negotiations to attempt to settle the case before the need for trial arises.Īlthough settlement negotiations can occur anytime during the lawsuit, this usually happens after discovery. These items would be in addition to the items you requested in your Bill of Particulars and other records disclosed at your physical exam or EBT. Discoveryĭiscovery and inspection refers to exchanging information, evidence, and documents between the parties. If you do not attend the scheduled examination, the court may dismiss your case and require you to pay for the missed exam. In some cases, the defendant might request that you submit to a physical examination by a doctor of their choosing. You must attend the EBT, or the court may dismiss your case. The “Examination Before Trial” (EBT) or depositions involve an oral examination by the opposing party’s attorneys.Īlthough depositions are typically taken outside a court setting, the parties will still be placed under oath, and a court reporter will transcribe the interview. At this stage, the parties agree to a timeline to exchange information, and the judge signs an order to the agreed-upon timetable. Preliminary ConferenceĪ preliminary conference is a crucial step in New York personal injury claims. New York maintains a set of procedural regulations governing these inquiries. Total amounts claimed as special damages for physicians’ services and medical supplies. ![]() Length of time you are incapacitated and can’t work and.Length of time confined to your bed or house. ![]()
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