Are personal injury cases under New York laws bifurcated
if a case if bifurcated what does that mean to the plantiff in nyc?
Attorney answers (4)
Ross Adam Jurewitz
Reputation Level 9
Answered over 2 years ago.
Personal Injury Lawyer in San Diego, CA.
Not a NY lawyer, but in CA a personal injury case can be bifurcated--but not usually. Most cases have damages and liability tried in the same phase of the trial.
When a case is "bifurcated" it simply means that when it gets to the trial stage, the trial is done in two parts: liability, first, then damages. In New York City, trials are bifurcated in Queens, Kings and Richmond (Staten Island) counties, while they're unified in New York (Manhattan) and the Bronx. The one exception is if you have a case in Kings where the City of New York is a defendant, that case should be unified. If your case is not at the trial stage, whether it's bifurcated or not doesn't affect it. Also, you can always make a motion for a court to bifurcate or unify a trial, as the case may be, and the court usually has discretion to change it.
The advantage of bifurcation is usually cost. If your case is bifurcated, you don't have to call a medical expert to testify unless you get to the damages phase. And sometimes, if you win the liability phase, you can settle without having to proceed to damages.
Michael Howard Joseph
Reputation Level 13
Answered over 2 years ago.
Personal Injury Lawyer in White Plains, NY.
It depends on the County. In Manhattan and the Bronx, the cases are unified. In Queens and brooklyn the cases are bifurcated. This means that you have to prove liability to get to the second part which is damages. It means the jury will not hear about your injuries unless they first find that the defendant was responsible for causing the injuries.
To add to the above fine answers, in some cases, (Suffolk County), the court can make up its own mind, depending on the facts and particular circumstances of the case, as to whether the case is bifurcated. Good luck.
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