Outline of a Lawsuit – Part 11 – Responding to Defendants’ Discovery Demands

In my law firm ,we have a policy of responding to defendant’s discovery requests upon receipt.  The requests usually ask for authorizations to obtain all medical records, employments records, diagnostic films, surgical records, tax records, etc.

Additionally, requests for photographs, accident reports, and any other physical evidence are the norm in a Notice of Discovery and Inspection.  It is important to comply with these requests in order to move your client’s case forward and to avoid unnecessary court intervention.  The goal is to reach the point where you can file a “Note of Issue” which allows you to join the list of other plaintiffs who want a jury trial.

We (as plaintiffs) also have the right to request materials that will assist us at trial.  Photographs, videos, witness information, and other items that can help the plaintiff are generally requested.

The defendants usually request further details of your claim in a legal pleading called the “Demand for Bill of Particulars.” The response to this legal pleading is called “Bill of Particulars.”  Basically, this document provides all of the details of your claim, including pedigree information, accident dates, economic loss such as lost wages, out of pocket expenses, medical and hospital bills, and other information that is vital to proving your accident case.


Here is a sample of a “Bill of Particulars”:

Index No.: 1100000/15





Plaintiffs through their attorney, CHARLES C. DESTEFANO, ESQ., hereby respond to

the demand of the defendant, DANIEL JONES for a Verified Bill of Particulars

as follows:

1. The incident occurred on February 2, 2015 at 5:30 p.m.

2. The incident occurred on the driveway area in front of the premises of

123 MAIN STREET , Staten Island, New York.

3. The defendants were negligent and careless in that they failed to maintain the gutters

and drainpipe/downspouts and provide proper drainage, in causing, permitting and/or allowing a

dangerous condition to exist and be on the defendant’s premises, to be and become and remain

in a dangerous, unsafe, and improper condition; in allowing a single downspout at each home to

collect and drain roof water from an extremely large area at each of defendant’s homes; in failing

to place posted signs, warnings, barricades, cones ropes or other devices to prevent pedestrians

from using the walkway/driveway or from entering the unsafe area; in causing, permitting and/or

allowing said personal property to be and remain in an unsafe, improper, and dangerous

condition for an unreasonable amount of time; in failing to remedy said dangerous condition; in

failing to correct the negligent construction of the driveway, in failing to correct the poorly

graded land areas adjacent to the driveway which caused water to accumulate on the driveway

located on the premises , and in being

generally negligent and careless under the circumstances.

4-6. Not applicable, there were no vehicles involved in this incident.

7. As a result of the negligence of the defendant, plaintiff

sustained the following serious personal injuries:

-comminuted, displaced intra-articular fracture, left patella;
-comminuted, distal pole, left patella; not amendable to repair;
– underwent surgical repair of left patella tendon requiring general anesthesia;
-underwent excision of distal pole, left patella;
– large rents in the medial and lateral patellar retinaculae;
– received intravenous antibiotics during hospitalization;
– massive hemarthrosis; left patella;
– suturing/stapling to left knee;
– limited and restricted range of motion, left knee;
– required use of rolling walker;
– required hard cast;
– required to undergo physical therapy;
– tightness and swelling left knee joint;
– ecchymosis left knee;
– severe pain left knee;
– stiffness left knee;
– walks with stiff based gait;
– positive straight leg testing;
– required left knee immobilizer;
– required ice packs to left knee;
– required narcotic pain medication;
– required to perform home exercises;
– difficulty climbing stairs;

Upon information and belief, all of the aforementioned injuries are permanent in nature.

8. As a result of the injuries sustained in the occurrence, plaintiff, was confined to: (a) St. Vincent’s Medical Center, 355 Bard Avenue, Staten Island,
New York 10310, from February 2, 2004 through February 4, 2004.

(b) bed for approximately three days following the accident;

(c ) home for approximately two weeks following the accident.

9. Plaintiff was incapacitated from employment for twelve weeks.

10. (A) Physicians’ Services:

C.S. Bhupathi, M.D.
11 Ralph Place
Staten Island, New York 10304
Approximately $7,075.00
Jack D’Angelo, M.D.
Institute of Physical Medicine
361 Edison Street
Staten Island, New York 10306

Approximately $ 2,880.00

(B) Medical Supplies

Rite Aid Pharmacy
(Address to be provided)
-Vicodin ES
-Advil To be provided

( C) Loss of Earnings

At the time of the accident, plaintiff was earning $5,000 every two weeks.

As a result of the accident, plaintiff missed twelve weeks from work incurring a wage loss of

(D) Nurses’ Services

Not applicable
(E) Hospital Expenses:

St. Vincent’s Medical Center
355 Bard Avenue
Staten Island, New York 10310

To be provided.

(F) X-ray Expenses:

Included in hospital and physician bills

(G) Other Items:

P.O. Box 14700
Lexington, KY 40512
co-payments for medical visits
Approximately $280.00+

Plaintiff reserves the right to claim additional items of special damages

should they become known.

(H) At the time of the occurrence, plaintiff was employed by ABC HOSPITAL

as a medical physician.

11. Plaintiff sustained a serious injury pursuant to section 5102 of the insurance law

in that he sustained a fracture among other injuries.

12-13. Not applicable, negligent entrustment is not being claimed.

14. Not applicable, this incident does not involve motor vehicles.

15. A cause of action is not claimed pursuant to Section 205-e of The General

Municipal Law.

16. Judicial notice will be taken of the rules, regulations, statutes, ordinances it is claimed

the defendants herein have violated.

Dated: Staten Island, New York
November , 2015

By: ________________________________
Attorney for Plaintiff
1082 Victory Boulevard
Staten Island, New York 10301
(718) 390-0580


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