Now that you understand a Bill of Particulars is the legal document that states your brain injury claim—and that your attorney shall be precluded from proving at trial any claim that is not specifically pled—it’s time to further our discussion on the anatomy of a lawsuit concerning what happens next.
The most pivotal aspect of any brain injury lawsuit is oral depositions. After the legal documentation has been exchanged between attorneys, each party to the lawsuit has an opportunity to question the other side. This is known as oral depositions, commonly referred to in New York as EBTs (examinations before trial).
Defense counsel questions the person with the brain injury claim, the plaintiff, first. This is because in any lawsuit seeking money damages the plaintiff has the burden of proof. But before that happens, it is critical that you meet with your attorney to prepare for the questioning. In brain injury cases, I meet with my clients the day before the deposition and also one hour prior to questioning the morning of. Please note: depending on the degree of brain injury, client preparation in certain cases may take longer than in others. It’s important that your attorney takes whatever time is necessary to prepare you so that you’re ready and confident to give testimony.
I break the substance of client preparation down into two areas. The first is a discussion on liability or the event/accident that gave rise to the brain injury claim (assuming you have a recall of the event); the second, damages, which are the injuries you sustained in your brain injury case. After this discussion, you should feel as clear on things as possible and ready for questioning.
If you or a loved one was involved in an accident and have a pending TBI case, ask your lawyer for a brief meeting so you can confirm that your brain injury was properly, fully and completely pled in your Bill of Particulars.
Be well, Andy