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When it comes to New York construction accidents, the outcome is often something that emerges from the details of the case in a complex way. It's not as easy as just saying “somebody was hurt and they need compensation.” There are many aspects to consider and language in New York State statutes that has to be analyzed and interpreted. One of the easiest ways to explain this is where cases get held up by conversations about where a worker happened to be at the time of the accident. Were they on a ladder or scaffold? Where they holding a hammer and pounding on a structure? Were they on some other part of the job site, evaluating materials, going to and from the truck, or walking toward another part of the site at the time of the accident? New York State Labor Law 240 specifies a certain set of protections for injuries where the victim’s work was “necessary and incidental to the erection or repair of the building or structure.” That's something that's very open to interpretation, and we've seen New York cases be interpreted in many ways. We've seen New York courts hear prolonged arguments over what constitutes a structure, what type of work is covered and how lawyers define the specific purpose of someone's activity at the time of an accident. But the issue of location is also critically important. If someone is injured on a secondary part of the job say, in or near a truck, or in or near an entrance, a defendant may try to say that the rules of the statute don't apply to the case. Then you may be faced with a court battle in which such details must be ruled on one way or the other. Let RMFW Help This is just one of the many situations where qualified injury lawyers play a critical role in the process. Injury victims rely on these skilled legal professionals to go to bat for them and explain to judges how their cases are relevant. Without a robust and thorough defense of their best interests, those who are harmed in the course of their work can lose out on the best potential outcome in court. Qualified injury lawyers understand this and use everything at their disposal to serve their clients' best interests. They help clients evaluate the best legal options and keep them informed about how their cases are proceeding. From the first consultation to the eventual resolution of the case, they keep their clients' views and needs in the forefront and make sure that their voices are heard in New York courts. Get Help From New York Spinal Cord Injury Lawyers Regardless of the details, a New York City area construction worker who was involved in a workplace accident that led to a spinal cord injury or any other type of injury can contact the Law Offices of Rosenberg, Minc, Falkoff & Wolff. We will help you determine how details regarding the site or structure, the worker’s location, the tools used and other factors might influence the outcome of a case. Let us protect your legal rights in New York City courts. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Winning the Evidence Game If you wish to win a lawsuit, you need to have strong evidence that can prove the fault of the defendant. The court looks for strong evidence that can push the case in your favor. Your evidence should trump the oppositions. Evidence can include: Documents Photographs Lab reports Eye witnesses Police reports Public documents such as driving license Medical reports Medical bills Consulting a New York City personal injury attorney for a legal representation can do a lot of good. The attorney would review your case and inform you: If there is strong evidence that can win your case in a trial If there is strong evidence but that may not be enough to pay legal expenses and his fee If there is no strong evidence prima facie Burden of Proof When you file a civil case, the onus to prove the negligence of the defendant is on you. As you are filing a case, it is up to you to prove that the defendant is at fault. Hence, you have to present a prima facie case to the court to establish the validity of the case right at the commencement of the trial. What follows is preponderance of the evidence that can seal the case in your favor. Preponderance of the Evidence Preponderance of the evidence in law means your case must have stronger evidence or must be more convincing so as to enable the jury or the court to decide in your favor. When you file a personal injury lawsuit in a civil action, you will be submitting various documents that can bring forth evidence to establish fault or negligence of the defendant. The court or the jury looks for the evidence that can carry the burden of the case in your favor. The greater the weight or burden of your case, the easier for the judge or jury to pronounce a judgment favoring you. In simple words, if there is a preponderance of the evidence favoring your claim, the law is convinced that you have met with your burden of proof. This can give you victory in your legal fight. This motion requires a careful assessment and building of your evidence in such a fashion that it eventually convinces the court of your credibility. It is the duty of the New York City personal injury attorney to build and present your case. The trial commences with the scale of justice being equal for both parties . Once the trial progresses, you present the evidence against the defendant. If the court finds the evidence is more than 50% in your favor, and less than 50% in favor of the defendant, your case has stronger merit and the preponderance or the weight of information is favoring you. Call us Now - It will Cost You Nothing If you or your loved ones have been injured in an accident due to third party negligence, contact our law firm of Rosenberg, Minc, Falkoff, & Wolff (RMFW) to discuss legal entailments and remedies. You can use our New York City personal accident attorney to help you win this case. You need strong legal assistance and we can more than provide this. Call 212-344-1000 and a happy voice will be on the other side. The first consultation is free. We will help you increase the size of your bank account. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Intentional Tort Intentional tort arises when a person harms or injures another person with ill will and purpose. Unlike an injury that arises from negligence, an intentional tort signifies purpose and intention to harm deliberately. The plaintiff can recover damages by filing a personal injury lawsuit against the defendant who commits the tort. When a victim of tort wins an intentional tort claim, other punitive damages are also available for relief. Intentional torts generally include the following actions: Assault Battery Trespassing Causing emotional trauma intentionally Fraud and cheating False imprisonment Assault and Battery are Distinct Assault is a deliberate act that instills fear or apprehension of impending physical contact that can be offensive or harmful, in the minds of the victim. Battery is a deliberate act that causes harm and injury through physical contact. Assault involves a threat whereas battery involves a threat and an act of physical harm as well. Proving Intentional Tort Intentional tort requires the plaintiff to establish beyond reasonable doubt the intentions of the defendant to harm the plaintiff. The plaintiff needs to prove that the defendant’s intentional act was committed in order to harm the plaintiff. If the evidence of harm by way of an intentional act is established the defendant is likely to be punished for the intentions to harm another person. In case the harm or damage is less perceivable, defendant may be punished for negligence. Difference between Intentional Tort and Reckless Behavior Intentional tort – Defendant hits A using a baseball club with intentions to harm A. But the club lands on B seated by the side of A. Defendant did not intend to harm B but the act is bound to harm B. B is injured in the milieu. Defendant is liable to pay damages to B for intentional tort. This is also known as transferred intent in civil law. Defendant need not have intended to harm B, but if B is harmed in the action, the intent is transferred to B and the defendant is liable to pay damages for intentional tort to B. Reckless tort – The defendant runs recklessly in a busy street with an aim to take the next subway. In the process he shoulders down a pedestrian accidentally without any intent to injure or harm anyone. Due to the act of recklessness, the pedestrian slips and falls down injuring her elbow. The defendant is liable to pay damages to pedestrian for recklessness and negligence, and not for intentional tort. Inflecting Emotional Distress When the defendant knowingly conducts himself in a manner that can be considered unconscionable, immoderate, offensive, and intolerable, he is said to have caused intentional emotional distress to the plaintiff. Such conducts are defined by the court and the jurisprudence. Call Us Now Rosenberg, Minc, Falkoff, & Wolff have law offices located in Astoria, Queens, New York City, and two locations in Brooklyn. If you or your loved one is injured by an intentional tort you may recover damages legally and your checking account will be much larger when this is all said and done. Our personal injury attorneys know the legal options and how to avoid the pitfalls to win in tort lawsuits. We can help you pay your bills and you can secure your finances. Call 212-344-1000now to speak to a winning law firm that will evaluate the viability of your case. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

What is a Deposition? A deposition or pre-trial testimony, also known as an examination before a trial or pre-trial discovery is a procedure necessitated by federal law, to collect an oral or written statement of a witness under oath. A deposition takes place outside the courtroom, in the absence of a judge, and at an attorney's office. The deposition is considered to be the most valuable tool in an attorney's armory. A witness or a deponent or a testifier is one who sees an event and provides evidence orally or in writing. This deposition could be a voluntary effort from the witness or it could be under compulsion. The primary objective of a deposition or pre-trial testimony is to establish the knowledge of the witness with regards to an event and secure that knowledge and/or information as a testimony for trial. A deposition helps all parties in the lawsuit to take cognizance of all facts ahead of the trial. It is also used to verify another witness's testimony. Civil & Criminal Depositions There are different kinds of depositions. Federal rules govern the conduct of a civil deposition. The Federal Rules of Civil Procedure, Title V. Disclosures and Discovery,  Rules 26, 27, 28, 29, 30, 31, and 32, and sub-sections thereof, govern, and regulate the conduct and procedures of a civil deposition. Federal Rules of Criminal Procedure, Rule 15 governs a criminal deposition, and may be taken if a witness cannot be present at the trial. Rules governing a criminal deposition vary and require the consent of the defendant. A subpoena will be served on the witness if the individual refuses to depose, or if the individual is not a party to the lawsuit. Otherwise it is customary to issue a legal notice to the witness's attorney. The witness can have his or her attorneys present during the deposition or a pre-trial testimony. The deposition proceedings are usually audio and/or video-taped and recorded verbatim by a court reporter so that the cognitive content of the testimony is preserved for the trial. Examinations In case of a civil deposition, the witness needs to appear to depose at a given time and place. The court reporter administers the oath to the witness and this notifies the commencement of the deposition. The witness is never coerced to submit information. During the deposition process, the opposing attorney has reasonable legal ambit to question the witness in order to discover "admissible evidence". Attorneys examine the witness directly followed by repetitive processes such as re-direct and re-cross and they form objections to regulate the manner in which the witness can be questioned. Such deposition or "cross-examination" may be lengthy, lasting hours. The Federal Rule for Civil Procedure 30 stipulates the maximum time duration of seven hours for deposition per deponent per day. Perjury During the deposition or pre-trial testimony, the witness needs to answer the questions carefully as it leads to complications if testified differently during the trial. Lying under oath can invoke federal charges of perjury against the witness. Written depositions are notarized as sworn statements of “truth and nothing but truth”. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

What happens when your witness does not show up when he is called to the stand? You might feel that such a situation is rare or unheard but it happens more often than you think, especially in personal injury cases. There can be many reasons for the witness not showing up. For instance, you could have subpoenaed a witness, and the witness might have ignored the subpoena. Maybe the witness has voluntarily agreed to come in and testify, but now he is stuck in traffic. There could be many different reasons for a witness not showing up, despite the fact that he is scheduled to arrive on that date and time. Judge will Question the Attorney Therefore, what happens next when your witness does not show up to testify? The judge will ask your lawyer many questions to try to find out why the witness has not turned up. For instance, the judge might ask: Did you subpoena the witness? Did you talk to the witness today? Did the witness promise to be present? What time was the witness given to come to court? Such a situation does not look good. There could be a packed courtroom, the jury is waiting to start, the judge is on the bench, asking your lawyer to call the next witness and your witness has failed to appear in court. The judge now has to figure out how to solve this problem without wasting any further time of the court. The judge might want to move the case forward and would want the jury to listen to other testimonies. The judge will most likely ask your lawyer whether he has any more witnesses lined up for that day. Your case could be in jeopardy at this point – not a pleasant feeling to have. The Judge is in Charge of Planning and Scheduling Witness Appearances for the Trial At the beginning of the trial, the judge will most likely ask the two attorneys several questions about witnesses such as, how many witnesses do you have, and who is going to come and testify on each given date. Why does the judge need to know this information? The judge must know this information because he has to plan and schedule things in the trial accordingly. More importantly, the judge would want to tell the jury which witnesses are coming on each given day of the trial. What is going?! Hence, the day before the judge would have told the jury about the list of witnesses that are going to take the stand tomorrow. However, what happens if a witness from this list does not show up? In all likelihood, the judge will extend some courtesy to your lawyer and provide some extra time for him to find the witness. The judge might ask your lawyer to contact the witness on the phone and find out if he is stuck in traffic, if he is not feeling well, or he has forgotten about the date to appear in court. What happens if an hour goes by and still the witness does not show up in court? Your lawyer and the judge now have a problem on their hands, and the judge will have to fashion some solution. Hopefully, your lawyer has other witnesses lined up and if not the judge might postpone the trial for a day. However, it is always wise to make sure all your witnesses show up at the appointed time. If you have to arrange transportation or pick them up then perhaps that is what you should do. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

You have filed a personal injury lawsuit in the state of New York and at the end of the trial the jury has reached a verdict. However, the judge refuses to ask the jury to confirm their verdict, to make sure it is consistent with what they wrote down on the verdict sheet. What will happen if this occurs? What does polling the jury mean and why is it done? When each juror is asked individually to confirm the verdict that was returned to the court, it is called polling the jury. Each juror will be asked to render his or her verdict verbally in open court. The defense or plaintiff's attorney can ask the judge to poll the jury. This is done, to make sure that what the jury intended to put down on the verdict sheet is consistent with what the entire jury actually wanted to do. There have been instances in New York, where there have been inconsistencies, where the jury actually has been confused by the instructions, and what they put down in the verdict sheet was not correct, compared to what they actually wanted to do. What happens when it is not done? If the judge refuses to go ahead and poll the jury, to confirm the verdict put down on the verdict sheet is the same as intended, then it would be considered an error. This means the appellate court, the higher court that reviews this issue, will then send the case back down to trial to have it tried all over again. This is done because the judge failed to take that one final step, which is to confirm the jury's true verdict and true intent. What happens when the judge does not poll the jury? On the other hand, if by some chance, there is any inconsistency between what the jurors wanted to do and what is listed in the jury verdict sheet, the judge can send them back into the jury room, before they disband, before the case is finally over, and ask them to fix whatever inconsistencies have come up. This way, the right and intended verdict will be passed, and there will no longer be any inconsistencies, which the lawyer can object to, and take the case to an appellate court for review. Polling the jury is a simple step at the end of the trial, which can save the court and everybody involved in the case a lot of time, money, and effort. Lawyers will usually insist that the judge poll the jury, as there has been many instances of the jury being confused about the instructions, and not all jurors may be on board with the verdict listed on the verdict sheet. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

You have suffered significant injuries because of an accident, and you believe you have a strong personal injury case. You start the proceedings for filing a lawsuit to claim compensation, but, before your case has a chance to move off the ground, you find out that the defense has made a motion to dismiss your case, instead of answering your allegations. Motion to Dismiss Your Case, even before it Starts You believe you have suffered significant injuries after a car accident because of someone else's carelessness. You hire an attorney to submit a lawsuit on your behalf. Your attorney goes ahead, files the required papers, and starts the lawsuit. You now expect everything to go smoothly, and you are confident of being successful, because you believe that your case is formidable and resolute. However, you get a call from your attorney and he tells you that things are not going well. He informs you that the defense rather than answering your allegations have turned around and made a request to dismiss your case, before anything got off the ground. You are shocked and want to know how they can possibly do that, since they do not yet know the facts or details of the case? How can they possible ask the court to dismiss a case where they do not know any of its details? Well, it is possible, and it is called a preemptive strategy, where the defense will try to get your case dismissed, before you even have the chance to reach the discovery phase of your lawsuit. For doing this, the defense will have to toss in legal arguments and reasoning, as to why your case does not have merit. They will oftentimes have to get experts to support their claim that your case does not have merit and does not belong in the court system. The Judge can Dismiss Your Case If the judge agrees with the defense's arguments, then your case is out, and your case will be over even before any traction was gained. On the other hand, there is also the possibility of the judge turning around and saying that the arguments put forward by the defense are a bit premature. The judge may determine that this is a factual dispute that ultimately needs to be resolved by a jury, rather than an issue of law for the court to decide. In such instance, the court will allow the case to proceed forward. Stranger Things have Occurred However, do not be surprised, if your attorney calls you and says that the defense has made a motion to dismiss your case, even before serving any answers to your complaint. Hence, even if you believe that you have suffered injuries because of somebody's negligence of carelessness, and you feel your case is terrific, there is a possibility of your case being dismissed, even before it starts, provided the defense is able to put forward valid arguments for the dismissal. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Past pain and suffering relates to the injury you suffer due to another person's carelessness or wrongdoing. The duration of the past pain and suffering is from the time of the incident up to the time of the trial. When you get to trial, a gap of usually a few years has passed, from the time the incident occurred up to the time of trial. You will be asking the jury to make an award of compensation to you for the pain and suffering that you endured for the years from the time of the event to the time leading up to the trial. Future Pain and Suffering This obviously leads to the question, what happens in the future, if the victim has not fully recovered. In such a case, the jury will be asked to make an award also for future pain and suffering. When your lawyer presents to the jury what could happen to you in future, he will have to bring in medical experts to discuss what could happen to you from that point forward during trial and into the foreseeable future. Factors Determining Amount of Future Pain and Suffering Nobody has a crystal ball to look into the future, but your lawyer will ask the doctor to make assumptions: Based upon your past injuries Based upon your course of treatment Based upon what your health problems are today Whether you are going to need further treatment What type of medical care you are going to need to take care of your particular problem Whether you are going to need further surgeries in the future Whether you are going to suffer from disabilities as a result of the wrongdoing or carelessness that occurred The Jury Decides a Compensatory Amount After considering all these points, the jury will then have enough evidence to make a decision for deciding on an award that would compensate you fairly for your past and future pain and suffering. This would include from the time of the incident to the date of the trial, and from the time of trial and into the future, for the suffering you are expected to endure. Compensation for past and future pain and suffering will apply to accident cases, medical malpractice cases, and even wrongful death cases. The plaintiff lawyer has to call doctors and other medical professionals as expert witnesses to present to the jury what the victim has suffered, and what he is likely to suffer in the future. The defense might bring in their own medical experts to disprove these claims or to present to the jury that the pain and suffering is not as much as what the plaintiff's witnesses are presenting. It is always difficult to put a dollar amount to pain and suffering, but there are certain guidelines that will help the jury calculate a fair compensatory amount. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

The Procedure for Presenting Something in Evidence At trial before a lawyer offers something into evidence, he may want to show that piece of evidence to a witness. This piece of evidence could be a document or an object; however, the lawyer cannot simply walk up to the witness and ask him to have a look. The lawyer has to firstly indicate what the piece of evidence is, and tell the court reporter what it is. This is done because if the case every goes to appeal, the incident of the lawyer asking the witness to look at a particular thing, will be recorded, and the judges presiding over the appeal will know about it. For instance, the lawyer could say, "Your honor, I would like to mark this exhibit as plaintiff #1 for identification". After the judge has given the instructions for the exhibit to be marked, the lawyer will further question the witness about the document or object that has been shown to him. The lawyer will further ask question like: Can you tell the court what this is please? Have you used this device before? Can you tell the court how this device works? Do you use this device every day? The lawyer will then say he wants to offer this device plaintiff #1 for identification into evidence. The judge will then ask the defense if he has any objections to offering the device into evidence. If the defense has no objections, it will automatically be admitted into evidence. If there are objections, then defense will have to explain to the judge what their legal objections are. The judge will then make a ruling about whether he agrees or disagrees with the objection. Once the device is admitted into evidence, the lawyer can then show the device to the jury as well. Why is it Done? The bottom line is when the lawyer asks the judge to mark something for identification; it is in anticipation of asking the witness certain questions about the piece of evidence. Once the lawyer has sufficient information from the witness about the particular object, and his familiarity with it, then the lawyer will be able to offer the object or document into evidence. The judge will then have to rule whether he is going to allow the particular object or document into evidence, after asking the defense if they have any objections. In a personal injury case, evidence is introduced all the time, and lawyers will ask the judge to mark the evidence for identification. A particular process is followed so that it is all properly recorded and there is no confusion about what was introduced as evidence. Even if the case goes into appeal, all the incidences that occurred regarding submission of evidence will be available to the judges in the appellate court. Robert Wolff Robert H. Wolff is a member and partner of the prestigious New York City Personal Injury Law Firm of Rosenberg Minc, Falkoff, & Wolff, LLP. Mr. Wolff graduated from SUNY Albany, cum laude, in 1978 with a B.A. in Psychology and American History. Thereafter, he attended St. John’s University School of Law, where he was a member of the Moot Court Team and the Criminal Law Society, graduating in 1981 with a Juris Doctor’s degree.

Statistical life expectancy tables can influence your personal injury case in New York. When you bring a personal injury lawsuit in court, then depending on the extent of your injuries, the court will have to determine what your life expectancy is. When the plaintiff is claiming that he has suffered a physical injury, because of somebody's carelessness or wrongdoing, the plaintiff has to show that he has suffered significant amount of pain and injuries from the time of the accident up until the time of trial. The plaintiff will also have to show that he has suffered significant injuries as of the time of the trial for the foreseeable future. Injuries that Affect the Victim for the Foreseeable Future If there are injuries that are going to affect the victim for the foreseeable future, the plaintiff's lawyer will have to present proof to the court of what the life expectancy of the plaintiff is. Nobody can predict with any certainty what anyone's life expectancy is going to be. However, there are statistical or actuarial tables that courts regularly use to identify and help the jury understand, how much longer the victim is expected to live. These tables will have typical averages based on race, gender, and other factors that go into evaluating life expectancy. Every single person is different, and everybody has a different family history. When you bring a personal injury lawsuit, ultimately the jury is asked to award money if they believe that the wrongdoing was cause by somebody's carelessness, and that careless caused your injuries. You will have to bring in medical experts to prove to the court that your injuries are significant and will continue for the future. The doctors will have to take the stand and explain to the jury why your injuries could go on for the future, and what problems you can expect to have. Life Expectancy Tables Help the Jury Decide on the Compensation Amount At the end of your personal injury case, when the jury goes back to deliberate, they will be asked specifically to award you money for your future pain and suffering. Additionally, the jury will also have to decide for how many years this amount has to be allocated. If the injuries are going to affect you for the rest of your life then the jury needs to know what your average life expectancy is going to be. Hence, any award that they make will then be allocated for that amount of time. It could be twenty years, thirty years, or some particular period. A Decision Based on a Strong Foundation Therefore, life expectancy tables are useful in personal injury cases, as they help the jury determine the period they should be allocating the amount they are going to award. Without having any idea about how long the person is likely to live, it would be impossible to arrive at a compensation amount because there is no way of knowing for how many years the amount has to last or be spread out. Life expectancy tables will therefore provide some period to the jury, based on which they can decide the amount they should award to the victim. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.

CPLR §3101(a) requires, in pertinent part, “full disclosure of all matter material and necessary in the prosecution or defense of an action.” With regard to medical treatment received by a plaintiff in a lawsuit, this has been interpreted to mean that the injured plaintiff waives the physician-patient privilege with respect to his relevant prior medical history concerning those physical conditions which he affirmatively places in controversy. See Koump v. Smith, 25 NY2d 287, 303 NYS2d 858, 250 NE2d 857 (1969). However, a party does not waive the physician-patient privilege with respect to unrelated illnesses or injuries. In Romance v. Zavala, 98 AD3d 726, 950 NYS2d 390 (2nd Dept. 2012), the court stated that, the defendants were not entitled to any authorizations for the release of the injured plaintiff’s medical records requested in their notice to produce, which sought disclosure of medical records pertaining to illnesses and injuries unrelated to the subject accident. The court continued, while the principle of “full disclosure” does not give a party the right to uncontrolled and unfettered disclosure. About Alcohol and Mental Health Records Similarly, an injured plaintiff’s alcohol and mental health records may be protected. If there is no claim regarding mental and psychological injuries, Mental Health Law 33.12 offers protections from disclosure, and even a claim for “loss of enjoyment of life,” relating solely to claimed physical injuries, does not warrant disclosure of substance abuse and mental health treatment information, without a showing of potential relevance. In other words, a defendant must show that the interests of justice significantly outweigh the plaintiff’s right to confidentiality by expert or other evidence establishing a particularized need for inquiry into matters not directly at issue in this action. See Alford v. City of New York, 2014 WL 1356674 (1 Dept. 2014). About “Loss of Enjoyment of Life” Finally, there is a split between the First and Second Appellate Divisions about claims for “loss of enjoyment of life” that may be claimed in a Bill of Particulars. While the First Appellate Department will generally limit disclosure to those conditions affirmatively placed in controversy, the Second Appellate Department is much more liberal in its disclosure policies and will allow the defense to review records showing the nature and severity of the plaintiff’s prior medical conditions which may have an impact upon the amount of damages, if any, recoverable for a claim of loss of enjoyment of life. See Montalto v. Heckler, 113 AD3d 741, 978 NYS.2d 891 (2nd Dept. 2014) Contact our New York City Personal Injury Law Firm The New York City personal injury law firm of Rosenberg, Minc, Falkoff & Wolff has been representing injury victims for more than three decades. Our attorneys have a strong familiarity with the laws pertinent to personal injury cases in New York City and the surrounding areas. For more information about how these laws apply to your case, schedule a free consultation by contacting us online or calling 212-344-1000. Gary Silverstein Gary Silverstein has been a partner of Rosenberg, Minc, Falkoff & Wolff since 2001, and an associate of the firm since 1989. Mr. Silverstein graduated with a Bachelor of Science degree from State University of New York College at Oneonta in 1983. Mr. Silverstein holds a degree of Juris Doctor from the University of Miami School of Law, having graduated in 1988.