Bill of Particulars is the answer written to support the claims you filed in the lawsuit. The respondent will often file a demand for a Bill of Particulars before discovery to
1. Find out the theory of the case you filed.
2. Discover if the statute’s elements are present to prove the case.
3. The defendant is also trying to narrow the scope and lockin the area they will prepare to defend.
You must engage a skilled attorney, especially in the case of a significant injury, writing a Bill of Particulars for a medical malpractice case or product liability case complaint because of the complexity of proving negligence in these areas. The judge could dismiss your claim before discovery if you cover all necessary elements of the statute governing your complaint.
The legal team and you must invest time to develop the correct theory of the case before answering the Bill of Particulars in a Medical Malpractice or liability case. Changing this “Theory of the Case at the last minute will also result in the case being dismissed or unsuccessful. You will prove that to the judge to get the outcome and the relief you deserve. Your lawyers must object to questions that need to be more specific, and together you must line up all the elements required for a favorable judgment.