Sunday, October 17, 2010

Plaintiff's in personal injury cases are at a huge disadvantage; Defendants have access to much, much more data.

If I was currently sitting on any NYSTLA committe today like I did 15 yrs ago, I would be pressing for some way to even the "litigation playing field " with carriers and defendants. While defendants have a world of information regarding plaintiffs at their disposal, plaintiffs have to jump through hoops to get the same information about their own clients.
For example; Defendants have access to the Central Indexing Bureau[CIB], while plaintiffs don't. The CIB provides particulars about plaintiffs prior accidents. Therefore, defendants are given a great advantage in obtaining discovery material and performing the necessary investigation. So if your client lies to you[what else is new] and says he had no priors...you are open to being blindsided and perhaps putting your whole case at risk.
Defendants have access to "medical claims databases" and criminal databases as well. Powerful stuff! Sometimes a smart defendant's attorney will not even reveal what he knows until the plaintiff has dug a ditch for himself by lying at his /her deposition. Sneaky or smart? This unlevel playing field has been in existence forever.....It's about time the plaintiff's bar does something about it!

No comments:

Post a Comment