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Can You keep some Potentially Damaging Information from being Revealed at Trial

You have initiated a car accident case, or wrongful death case or even a possible medical malpractice case, and now you are wondering if there is something damaging in your medical records. If so, can you keep this information out of the trial?

You need to Keep Damaging Information from being Heard in Court

There might be instances when you have suffered injuries due to the wrongdoing of others, and you want to file a personal injury case to claim compensation. However, there might be something damaging in your medical records that you might not want people and the jury to know about it. Is there a way for you to prevent the jury from seeing this damaging information?

For example, suppose you go to a holiday party and you had something to drink. In fact you had a couple of drinks, and later you were involved in a car accident. However, this car accident was not your fault, and it had nothing to do with you. You had stopped at a traffic light and your vehicle was rear-ended. Now, when the ambulance comes to the accident scene, you tell them you were drinking. At the emergency room when they draw your blood, it shows you have alcohol in your system.

Information that could Undermine Your Case at least Partially

However, does that have anything to do with the fact you were hit in the rear while you had stopped at a red light? Obviously, the answer is no. Nevertheless, it may be difficult for you to keep out the information about the fact that you had been drinking. Why is that? The law in New York requires that if your statements are relevant and related to the doctor’s care and treatment of you, for the purposes of diagnosing and treating you, then such information will most likely come out at trial.

You can Keep Certain Damaging Information a Secret

However, if the information that you want to keep secret, that skeleton in your closet, had absolutely nothing to do with the doctor’s diagnosis and treatment of your particular condition at that time, then there is a strong possibility that such information will not be part of your court case. For clarification purposes, the jury will never get to hear that information.

Now, just think about the instance when a jury listening to your accident case of your car being rear-ended at a signal light, comes to know that you had been drinking before the accident. Now, the jury can strongly start suspecting that you should never have been driving and should not have been on the road in the first place because of what you had been drinking. The defense will also illustrate this point and might even accuse you of wrongdoing which could deflect the blame on the other party and point some of it at you.

Hence, to answer the question whether you can keep out damaging information from being part of the trial, is you can. This is as long as that information has nothing to do with the diagnosis and treatment of your particular condition that brought you to that point.

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April Johnson
April Johnson
15:54 30 Jun 23
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Benjamin Roussey
19:03 29 Jun 23
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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