Legal Question in Personal Injury in New York

car accident

i got into a car accident a few years ago and im sueing and i just got a letter that there supenoiing my school records can they do that and what would they need those for?


Asked on 2/10/07, 2:50 pm

3 Answers from Attorneys

Scott Levinson Korybski & Levinson

Re: car accident

I don't know the details of your accident or alleged injuries, but the defendants may be looking for a number of items. If you are making a claim for time missed from school, they are trying to find proof. If you are making a general claim for personal injuries, they are trying to determine whether your injuries affected your ability to engage in your usual activities, which may include going to school. They may also be looking for information regarding any prior, similar injuries. I am assuming by your question that you do not have legal representation. That may not be the best way to proceed, especially if the defendant has an attorney. Should you wish to discuss this further, please feel free to contact me.

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Answered on 2/10/07, 3:15 pm
David Simon Hogan & Rossi

Re: car accident

It's hard to tell without having some more background on your case. If you are claiming that the accident interrupted your usual activities, then they may be seeking attendance records. If they have reason to believe you were ever disciplined for something that weighs in on your ability to tell the truth (such as cheating on a test, for example), then they might be looking for something like that so they can convince the judge or jury that you cannot be believed.

Another possibility is that they want to see your application if you are attending a college or university. Many people fudge their residences to get cheaper admissions at state schools. This could affect jurisdiction. For example, you claim you are a NY resident and are suing in NY, but you go to Penn State and indicated on your application that you are a PA resident. First, they will seek to show that you don't tell the truth. Second, they might have a basis to dismiss the case if jurisdiction is predicated on your place of residence.

If you can re-post your question with some more specifics it would be helpful, including which court, the residences of both parties, the state where the accident occurred, the type of school you attend, the nature of your injuries.

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Answered on 2/11/07, 1:12 am
Charles Gueli Law Offices of Charles R. Gueli

Re: car accident

In addition to the answers already given, they may be looking to see if you missed any time from school and seeking any attendance records kept by your school. Did you claim that you were confined to bed or home for any period of time? Also, they may want to review any health records maintained by the school. This would include any prior/pre-existing health concerns.

Lastly, I'm curious. If you have already started your lawsuit, how come your attorney cannot answer this question?

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Answered on 2/13/07, 12:07 pm


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