Verified Bill of Particulars

A Bill of Particulars is an answer sheet that contains a detailed, formal, and written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information. In civil actions a bill of particulars is a written demand for the specifics of why an action at law was brought. Although usually requested by a defendant, it can be demanded by a plaintiff if the defendant makes a counterclaim for a setoff or asserts a defense against him or her. A bill can be submitted either voluntarily or pursuant to a court order for compliance with the demand. Our team of experts drafts the Bill of Particulars, ensuring all the questions are answered appropriately, keeping the client's best interests in mind. 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.

When you begin a personal injury lawsuit, 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.

(A)Demand: A demand for a bill of particulars shall be made by serving a written demand stating the items concerning which particulars are desired. Within thirty days of service of a demand for a bill of particulars, the party on whom the demand is made shall serve a bill of particulars complying with each item of the demand, except any item to which the party objects, in which even the reasons for the objection shall be stated with reasonable particularity. The assertion of an objection to one or more of the items in the demand shall not relieve the party on whom the demand is made from the obligation to respond in full within thirty days of service of the demand to the items of the demand to which no objection has been made.

(B)Amendment: In any action or proceeding in a court in which a note of issue is required to be filed, a party may amend the bill of particulars once as of course prior to the filing of a note of issue.

(C)Failure To Respond Or To Comply With A Demand: If a party fails to respond to a demand in a timely fashion or fails to comply fully with demand, the party seeking the bill of particulars may move to compel compliance, or, if such failure is wilful, for the imposition of penalties pursuant to subdivision (d) of this rule.

(D)Penalties For Refusal To Comply: If a party served with a demand for a bill of particulars wilfully fails to provide particulars which the court finds ought to have been provided pursuant to this rule, the court may make such final or conditional order with regard to the failure or refusal as is just, including such relief as is set for thin section thirty-one hundred twenty-six of this chapter.

(E)Service Of Improper Or Unduly Burdensome Demands: If the court concludes that the demand for particulars, or part thereof, is improper or unduly burdensome, in addition to vacating or modifying the demand, the court may make such an order with regard to the improper or unduly burdensome demand as is just.

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. The Neural IT Team helps lawyers to complete these all above mentioned steps and drafts the Bill of the particular package with accuracy.

There can be instances where the defense can turn around and accuse your lawyer of 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, the Demand for a Bill of Particulars should be answered as thoroughly and precisely as possible. For the above-mentioned concern, Neural IT Bill of particulars package contains the following form of answers:

• Providing the required answer
• Inability to answer the question due to lack of sufficient information at the present time
• The question is objectionable

If you have received a Demand for a Bill of Particulars, you typically have 30 days to respond to it with a written Bill of Particulars. In your response, you must either answer the questions in the Demand or object to them. The Bill of Particulars must include the name and index number of the case at the top of the page. You must sign the bottom of the document in the presence of a notary public and make a copy of the document to retain for your own records.

The notarized Bill of Particulars must be delivered to the other side’s attorney by someone over the age of 18 who is not a party to the lawsuit. They can deliver the Bill of Particulars personally or via First Class Mail with a certificate of mailing as proof of the date you mailed your answers.

You may object in writing to any of the items in the Demand for a Bill of Particulars if you feel the questions ask for more details than necessary, are too vague, or on any other appropriate ground. Your objection must be made in writing within 30 days of when you received the Demand. Failure to respond to or fully comply with a Demand for a Bill of Particulars can result in the party seeking the Bill of Particulars asking the court to order you to comply. If the court finds that your failure to respond is willful, it can impose penalties.

• Date and approximate time of day of the occurrence
• Approximate location of occurrence
• General statement of the acts or omissions constituting the negligence claimed
• Where notice of a condition is a prerequisite, whether actual or constructive notice is claimed
• If actual notice is claimed, a statement of when and to whom it was given
• Statement of injuries and description of those claimed to be permanent, and in action designated in subsection (a) of section five thousand one hundred four of the insurance law, for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of section five thousand one hundred two of the insurance law, or economic loss greater than basic economic loss, as defined in subsection (a) of section five thousand one hundred two of the insurance law
• Length of time confined to bed and to house
• Length of time incapacitated from employment
• Total amounts claimed as special damages for physicians’ services and medical supplies; loss of earnings, with name and address of the employer; hospital expenses; nurses’ services.

Important Guidelines That We Follow While Preparing A Bill Of Particulars:

• Our team of expert lawyers has a thorough knowledge of applicable laws and statutes reflected excellently while drafting the bill of particulars.
• Our lawyers will answer the questions in a short and precise manner by mentioning accurate details.
• We ensure to object irrelevant questions efficiently to be more professional.
• Our team of experts drafts the bill of particulars within a given deadline.
• Our team answers each question making sure the number of the answer matches the number of the question
• Our team objects to a demand with reason for bill of particulars if the question ask for more detailed information than is necessary.

If you have received a Demand for a Bill of Particulars, you typically have 30 days to respond to it with a written Bill of Particulars. In your response, you must either answer the questions in the Demand or object to them. The Bill of Particulars must include the name and index number of the case at the top of the page. You must sign the bottom of the document in the presence of a notary public and make a copy of the document to retain for your own records.

The notarized Bill of Particulars must be delivered to the other side’s attorney by someone over the age of 18 who is not a party to the lawsuit. They can deliver the Bill of Particulars personally or via First Class Mail with a certificate of mailing as proof of the date you mailed your answers.

You may object in writing to any of the items in the Demand for a Bill of Particulars if you feel the questions ask for more details than necessary, are too vague, or on any other appropriate ground. Your objection must be made in writing within 30 days of when you received the Demand. Failure to respond to or fully comply with a Demand for a Bill of Particulars can result in the party seeking the Bill of Particulars asking the court to order you to comply. If the court finds that your failure to respond is willful, it can impose penalties.