What Is Litigation? How a Personal Injury or Car Accident Lawsuit Works in New York

When people hear the word litigation, they often assume it simply means somebody filed a lawsuit. Filing a lawsuit is certainly part of litigation, but litigation is much broader than that. It is the formal legal process through which the plaintiff and defendant investigate the case, exchange evidence, take sworn testimony, appear before the court, make motions, negotiate settlement, prepare for trial and, if nobody resolves the case first, eventually place the dispute before a judge or jury.

In a New York personal injury case, litigation may involve an automobile accident, slip and fall, construction accident, premises liability claim, negligent security case or another incident in which someone claims that another person, company or entity caused an injury. Once a lawsuit begins, both sides enter a procedural system governed primarily by the New York Civil Practice Law and Rules, commonly called the CPLR, together with court rules and the individual procedures of the county and judge handling the case.

One of the most important things for an injured person to understand is that litigation does not mean the case is immediately going to trial. In fact, trial is usually the very last stage of a process that can take years. Most litigation consists of pleadings, discovery, medical examinations, depositions, court conferences, motions, document exchanges and settlement negotiations.

Hollywood makes litigation look like an attorney files a lawsuit on Monday, dramatically points at a witness on Wednesday and receives a jury verdict by Friday afternoon. New York litigation has apparently declined to follow that production schedule.

Instead, a case may spend months moving from one procedural stage to another. A deposition may take months to schedule. An Independent Medical Examination may not occur for additional months. A court conference may result in another court conference. A motion may require months of briefing and additional time before the judge issues a decision.

The good news is that a personal injury case can potentially settle at almost any stage of this process. Litigation and settlement are not opposites. Settlement negotiations frequently continue while the lawsuit is actively being litigated.

Before Litigation: The Personal Injury Claim

Not every personal injury case immediately begins with a lawsuit. Before litigation, the attorney will generally investigate the accident, obtain police and accident reports, gather photographs and videos, identify witnesses, review insurance coverage, obtain medical records and evaluate the nature of the client's injuries.

The injured person may also continue receiving medical treatment while the case is being investigated. In many cases, an attorney cannot properly evaluate damages until there is enough medical evidence to understand the diagnosis, treatment, prognosis, permanency and limitations caused by the accident.

A settlement demand may be submitted to the insurance carrier before a lawsuit is filed. Sometimes the carrier makes a reasonable offer and the case resolves without litigation. Other times the carrier denies liability, disputes the injuries, offers far less than the claim may reasonably be worth or simply refuses to negotiate seriously.

At that point, litigation may become necessary.

The statute of limitations must always be considered. A typical New York negligence action involving personal injury generally has a three-year statute of limitations, although numerous exceptions exist. Claims involving municipalities, public authorities, medical malpractice and other specialized matters can have different and substantially shorter deadlines.

Step 1: Filing the Summons and Complaint

The formal lawsuit generally begins when the plaintiff files a Summons and Complaint with the appropriate court and obtains an index number.

The Complaint identifies the plaintiff and defendant and sets forth the basic allegations of the lawsuit. In a personal injury case, the Complaint will generally allege that the defendant was negligent or otherwise legally responsible for the accident and that the defendant's conduct caused injuries and damages to the plaintiff.

For example, in an automobile accident lawsuit, the Complaint may allege that the defendant operated the vehicle negligently, failed to maintain a proper lookout, failed to yield, followed too closely, operated at an unsafe speed or otherwise caused the collision.

In a premises liability case, the Complaint may allege that a property owner created, knew about or should have known about a dangerous condition and failed to correct it.

Once the lawsuit is filed, the litigation process has officially begun.

This does not mean anyone is going to trial next week. It simply means congratulations, everyone has successfully reached the starting line.

Step 2: Serving the Summons and Complaint

After the lawsuit is commenced, the defendant must generally be properly served with the Summons and Complaint.

Service provides formal legal notice that the defendant has been sued. The proper method of service depends on whether the defendant is an individual, corporation, business entity, governmental entity or another type of party.

Under CPLR 306-b, service generally must be completed within 120 days after commencement of the action, subject to extensions and other applicable rules.

Sometimes service is completed quickly. Sometimes a defendant is difficult to locate. Sometimes there are multiple defendants. Sometimes additional parties must be identified and added later.

This is the first demonstration of an important principle of litigation: something that sounds like one simple procedural step can consume several months.

Step 3: The Defendant's Answer

After the defendant is served, the defendant normally responds by serving an Answer.

The Answer admits or denies the allegations contained in the Complaint and typically asserts various affirmative defenses. Depending on the lawsuit, defendants may also assert cross-claims against other defendants, counterclaims against the plaintiff or third-party claims against additional parties.

The defendant's time to appear is commonly 20 or 30 days depending on the method through which service was completed and the applicable procedural rules.

Once the defendant serves an Answer, attorneys frequently refer to the case as having issue joined.

A defendant may also make certain motions before serving an Answer, including a motion to dismiss under CPLR 3211 when legally appropriate. Because naturally, even the step called "Answer" occasionally begins with an argument about why the defendant should not have to answer.

Step 4: The Bill of Particulars

One of the major discovery documents in New York personal injury litigation is the Bill of Particulars, commonly called a BP.

The defendant typically serves a Demand for a Verified Bill of Particulars requesting more detailed information concerning the plaintiff's claims.

The Bill of Particulars may identify the injuries claimed by the plaintiff, medical treatment received, alleged permanent conditions, limitations, hospitalizations, lost earnings, periods of disability and other details concerning the accident and damages.

The Bill of Particulars is important because it helps define the injuries and damages that the plaintiff intends to prove during the lawsuit.

Step 5: Written Discovery Demands

The parties also exchange written discovery demands. Discovery is the legal process through which each side obtains information and evidence relevant to the lawsuit.

In a personal injury action, discovery may include demands for medical authorizations, hospital records, diagnostic studies, photographs, videos, accident reports, insurance information, employment records, wage information, tax documents when relevant, prior medical records, prior accident information and witness information.

There may also be demands relating to social media, surveillance, expert evidence, property ownership, maintenance records, contracts, inspection records or other evidence depending on the type of case.

Discovery rarely consists of one perfectly organized exchange where both sides produce every requested item immediately and then congratulate each other for their efficiency.

More commonly, there are follow-up demands, supplemental responses, objections, outstanding authorizations, missing documents and letters asking for the same item that was requested three months earlier.

Step 6: Request for Judicial Intervention - RJI

At some point during the litigation, a party may file a Request for Judicial Intervention, commonly called an RJI.

The RJI requests judicial involvement in the case and generally results in the matter being assigned for court supervision when judicial intervention is necessary.

An RJI may be filed in connection with a request for a Preliminary Conference, a motion or another proceeding requiring court involvement.

The RJI should not be confused with the commencement of the lawsuit. The lawsuit already began when the Summons and Complaint were filed. The RJI essentially tells the court that the parties now require judicial supervision or a judicial determination.

Step 7: Preliminary Conference

The Preliminary Conference, commonly called a PC, is an important case-management stage.

During or following the Preliminary Conference, the court generally establishes deadlines for completing discovery. The resulting order may address Bills of Particulars, medical authorizations, document production, depositions, physical examinations and other outstanding disclosure.

The purpose is to place the case on an organized schedule so the parties can complete discovery and move toward trial readiness.

Everyone leaves with court-ordered deadlines and the admirable belief that all discovery will now occur exactly according to schedule.

Then somebody discovers that four attorneys, three witnesses, two doctors and a corporate representative cannot find one mutually available Tuesday until three months later.

Step 8: Examinations Before Trial - EBTs

One of the most important stages of discovery is the Examination Before Trial, commonly called an EBT or deposition.

An EBT involves sworn testimony given under oath before trial, usually with a court reporter recording the testimony.

The plaintiff is ordinarily questioned concerning how the accident happened, what the plaintiff saw and experienced, prior accidents, prior injuries, medical treatment, current complaints, physical limitations, employment history, lost earnings and other relevant matters.

The defendant may also be deposed.

In a motor vehicle accident case, the defendant driver may be questioned about speed, direction of travel, traffic signals, lane position, weather, visibility, observations before impact, braking and the mechanics of the collision.

In a slip-and-fall or premises liability action, the plaintiff's attorney may depose the owner, property manager, superintendent, maintenance worker or another witness concerning inspections, cleaning procedures, complaints, repairs and notice of the dangerous condition.

Depositions are extremely important because the testimony can later be used during summary judgment motions, settlement negotiations and trial.

They can also take months to schedule. Apparently coordinating several lawyers' calendars requires a level of international diplomacy previously reserved for peace treaties.

Step 9: Defense Medical Examinations - IMEs

If the plaintiff claims physical or psychological injuries, the defense generally has the right under applicable discovery rules to have the plaintiff examined by a physician or other appropriate professional.

This examination is commonly called an Independent Medical Examination or IME.

The term "independent" should be understood in context. The examining physician is generally selected and paid by the defense or its insurance carrier.

Depending on the injuries claimed, the plaintiff may be examined by an orthopedist, neurologist, physiatrist, neuropsychologist or another medical specialist.

The examining physician prepares a report setting forth findings and opinions. These reports can become extremely important during settlement negotiations and summary judgment motion practice.

Step 10: Compliance Conferences

After the Preliminary Conference, the court may schedule one or more Compliance Conferences, discovery conferences, status conferences or similar appearances.

The purpose is generally to determine whether the parties complied with prior discovery orders.

The court may ask whether depositions were completed, whether authorizations were exchanged, whether IMEs occurred, whether documents remain outstanding and whether additional discovery is necessary.

If everything has been completed, the case may continue toward trial readiness.

If discovery remains outstanding, the court may establish new deadlines.

And sometimes those new deadlines eventually require another conference to determine why everyone missed the old deadlines.

Step 11: Discovery Motions

When parties cannot resolve discovery disputes, one side may make a discovery motion asking the court to intervene.

A party may seek an order compelling another party to provide documents, authorizations, deposition testimony or other disclosure.

Depending on the seriousness of the violation, a party may seek preclusion, sanctions or other relief.

Courts generally expect attorneys to attempt to resolve routine discovery disputes before burdening the court with motion practice. Nevertheless, sometimes the phrase "please provide the outstanding discovery" stops producing results somewhere around email number eight.

Motion practice can add significant time to the lawsuit because papers must be prepared and served, opposition papers may be submitted, reply papers may follow and the court must ultimately issue a decision.

Step 12: Liability Motions and Summary Judgment

One of the most important stages in many personal injury lawsuits is a motion for summary judgment under CPLR 3212.

A summary judgment motion asks the judge to decide a legal issue without requiring a jury trial on that particular issue because the moving party contends that there is no material factual dispute requiring a trial.

In an automobile accident lawsuit, a plaintiff may move for summary judgment on liability and argue that the defendant caused the collision as a matter of law.

For example, a plaintiff who was stopped at a traffic light and struck from behind may argue that the rear driver was negligent and that there is no factual issue concerning responsibility for the collision.

Defendants may also move for summary judgment and seek dismissal of the lawsuit when they contend the evidence establishes that they were not negligent or that another legal basis requires dismissal.

In premises liability cases, summary judgment motions may address whether the defendant owned or controlled the property, whether the defendant created the condition, whether the defendant had actual or constructive notice of the condition or whether another party was responsible.

Construction accident cases can involve extensive summary judgment motion practice concerning Labor Law liability and the respective responsibilities of property owners, contractors and subcontractors.

A favorable liability decision can dramatically affect settlement negotiations. If the plaintiff establishes that the defendant is legally responsible for the accident, the defense may now face a case where the main remaining questions involve causation and damages.

Step 13: Serious Injury Threshold Motions in New York Car Accident Cases

New York automobile accident cases involve an additional issue that generally does not exist in an ordinary premises liability or slip-and-fall case: the serious injury threshold.

Under New York Insurance Law §§ 5102(d) and 5104, a plaintiff seeking compensation for non-economic loss arising from a covered automobile accident generally must establish that the plaintiff suffered a qualifying serious injury.

The statute contains several categories of serious injury, including death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ or member, permanent consequential limitation, significant limitation and the commonly litigated 90/180-day category.

Because of this requirement, defendants in New York automobile accident lawsuits frequently move for summary judgment arguing that the plaintiff did not suffer a legally qualifying serious injury.

The defense may rely upon IME reports, medical evidence and other records.

The plaintiff may oppose the motion using medical records, physician affirmations, diagnostic imaging, surgical evidence, range-of-motion measurements, objective testing, treatment history and other admissible evidence demonstrating injury, causation, limitations and permanency.

This creates one of the unique features of New York automobile litigation: before the jury can decide how serious the plaintiff's injuries are, lawyers may spend months arguing about whether the injuries are legally serious enough for the jury to decide how serious they are.

Step 14: Additional Discovery and Supplemental Bills of Particulars

Personal injury litigation is not always perfectly linear. New information may arise during the lawsuit.

A plaintiff may undergo surgery. Additional medical treatment may occur. New records may become available. Another witness may be identified. A new party may be added to the lawsuit.

When appropriate, the plaintiff may provide supplemental Bills of Particulars or additional discovery concerning continuing treatment, additional injuries or additional damages.

Additional defendants may result in additional depositions, additional discovery demands and, naturally, additional months of litigation.

Step 15: Expert Disclosure

As the lawsuit moves closer to trial, expert evidence may become increasingly important.

Under CPLR 3101(d), parties may be required to disclose information concerning experts expected to testify at trial.

Experts in a personal injury case may include treating physicians, surgeons, radiologists, economists, vocational rehabilitation experts, engineers, biomechanical experts, accident reconstruction experts or other specialists depending on the case.

Expert testimony can address medical causation, permanency, future treatment, economic losses, accident mechanics, engineering issues and other technical subjects beyond the ordinary knowledge of jurors.

Step 16: Note of Issue and Certificate of Readiness

Once discovery has been substantially completed and the case is considered ready for trial, a party may file a Note of Issue and Certificate of Readiness.

The Note of Issue places the case onto the trial calendar and represents that required discovery has generally been completed.

This is a major milestone in the lawsuit.

It does not, however, mean that twelve jurors will magically appear the following morning.

It means the case has completed the waiting portion known as discovery and has advanced to the waiting portion known as the trial calendar.

If significant discovery remains outstanding, a party may seek to vacate the Note of Issue under appropriate circumstances.

Step 17: Post-Note Summary Judgment Motions

Important motion practice may continue after the Note of Issue is filed.

CPLR 3212 generally provides that a summary judgment motion must be made within the time established by the court and, absent another permissible deadline established by the court, no later than 120 days after filing the Note of Issue unless the court permits a later motion upon good cause.

As a result, liability motions and serious injury threshold motions may still be pending while the case is technically on the trial calendar.

A decision on one of these motions may substantially change the case.

A plaintiff who wins summary judgment on liability may proceed toward a damages determination. A defendant who wins a threshold motion may obtain dismissal of an automobile injury case. A motion that is denied may increase pressure on the parties to negotiate.

Step 18: Settlement Conferences, Mediation and ADR

Settlement negotiations can occur throughout the entire litigation process.

The parties may negotiate directly through their attorneys. The insurance carrier may participate in settlement discussions. The judge or court attorney may conduct a settlement conference. The case may also participate in mediation or another form of Alternative Dispute Resolution, commonly called ADR.

Settlement discussions often become more meaningful as additional evidence becomes available.

A strong plaintiff deposition may increase the carrier's evaluation of the case. A damaging deposition may decrease it. A favorable liability decision can increase settlement pressure. A defense medical report may affect negotiations. A surgical procedure may change the evaluation of damages.

The approaching possibility of trial can also change everyone's willingness to compromise.

A personal injury lawsuit can potentially settle at almost any point during litigation.

The case can settle after the Complaint is filed. It can settle after the Answer. It can settle during written discovery. It can settle after the plaintiff's deposition. It can settle after the defendant's deposition. It can settle after an IME. It can settle after a summary judgment decision. It can settle after the Note of Issue. It can settle during a pretrial conference. It can settle during jury selection. It can even settle after the trial has already started.

Step 19: JCP and the Trial Calendar

After the Note of Issue and completion of appropriate motion practice, the case proceeds through the local court's trial calendar system.

In Kings County Supreme Court, attorneys frequently encounter the Jury Coordinating Part, commonly referred to as JCP.

JCP is associated with managing jury-ready cases and moving matters toward settlement, jury selection and trial assignment.

It is important to understand that JCP is not a universal New York State litigation stage. Different counties use different systems, terminology and trial parts.

For Brooklyn personal injury practitioners, however, JCP is a very familiar destination.

This stage frequently creates additional settlement pressure because the possibility of an actual trial is becoming considerably more real.

Step 20: Pretrial Conferences

Before trial, the court may conduct one or more pretrial conferences, trial-readiness conferences, settlement conferences or calendar calls.

The attorneys and court may discuss outstanding legal issues, witnesses, exhibits, anticipated trial length, settlement possibilities and logistical matters.

The parties may also make motions in limine asking the judge to determine whether certain evidence, testimony or arguments will be permitted at trial.

And yes, settlement is still possible.

In fact, once the lawyers are discussing exhibit lists, witness schedules and jury selection, everybody tends to become remarkably interested in one more conversation about settlement numbers.

Step 21: Jury Selection

If the case has not settled, the parties proceed to jury selection, also known as voir dire.

Potential jurors are questioned concerning issues that may affect their ability to fairly evaluate the case.

Attorneys may exercise challenges in accordance with New York law, and a jury is ultimately selected.

A case can still settle during jury selection.

This is often the moment where everyone realizes that trial is no longer some theoretical event six conferences and fourteen adjournments away.

There are now actual jurors in the courthouse.

Step 22: The Trial

If settlement does not occur, the case proceeds to trial.

During trial, both sides present evidence, question witnesses, introduce documents and exhibits, present expert testimony where necessary and make arguments to the jury.

The plaintiff bears the burden of proving the required elements of the claim.

In a negligence action, this generally includes establishing that the defendant owed a legal duty, breached that duty and caused legally compensable injuries and damages.

Liability and Damages May Be Tried Separately

In some New York personal injury trials, liability and damages may be bifurcated.

This means the jury may first determine who was responsible for the accident.

If the plaintiff succeeds on liability, the case may then proceed to a separate damages phase.

During the damages portion of the trial, the jury may hear testimony concerning the plaintiff's injuries, medical treatment, surgeries, pain, limitations, future treatment, lost earnings and other damages.

Treating doctors and other experts may testify concerning diagnosis, causation, permanency and prognosis.

The jury ultimately determines the amount of compensation, if any, that should be awarded.

Possible Appeals After Trial or Major Motion Decisions

Even trial is not always the absolute end of litigation.

A party may appeal certain orders, judgments or significant decisions to an appellate court when legally permitted.

An appeal can result in a decision being affirmed, reversed or modified, and in some situations a new trial or additional proceedings may be required.

So yes, after spending years getting to trial, the legal system is perfectly capable of announcing that everyone may now continue litigating.

New York Personal Injury Litigation Timeline Chart

The Litigation Process at a Glance

1. Accident and investigation
2. Medical treatment and pre-litigation claim
3. Settlement demand, when appropriate
4. Summons and Complaint filed
5. Defendant served
6. Answer and defenses
7. Bill of Particulars
8. Written discovery demands and responses
9. Request for Judicial Intervention
10. Preliminary Conference
11. Plaintiff and defendant EBTs
12. Independent Medical Examination
13. Additional discovery
14. Compliance Conferences
15. Discovery motions, if necessary
16. Liability summary judgment motions
17. Serious injury threshold motion in applicable automobile cases
18. Expert disclosure and trial preparation
19. Note of Issue and Certificate of Readiness
20. Post-Note motion practice
21. Settlement conferences, mediation or ADR
22. JCP or applicable local trial calendar procedure
23. Pretrial conferences
24. Motions in limine
25. Jury selection
26. Trial
27. Possible appeal

So How Long Does a New York Personal Injury Lawsuit Take?

The technically correct answer is that every case is different.

The practical answer is that litigation usually takes much longer than most clients expect.

A relatively straightforward lawsuit can still require many months of discovery before reaching the Note of Issue. More complicated cases involving multiple defendants, surgeries, expert witnesses, discovery disputes, serious injury motions, liability motions or congested court calendars can continue for several years before reaching trial.

The reason is not necessarily that nothing is happening. Litigation consists of many separate stages, and each stage takes time.

A deposition may be scheduled two or three months away. Then an IME must be scheduled. Then another conference occurs. Then somebody needs additional discovery. Then a motion is filed. Then opposition papers are submitted. Then everybody waits for a decision.

Eventually the Note of Issue gets filed.

The client understandably asks, "Great, when is the trial?"

The answer may still be, "Not yet."

New York litigation is essentially a legal marathon where the finish line occasionally gets moved to another courtroom.

Why Cases Often Settle During Litigation

Although litigation may take years, settlement can occur much earlier because every stage of the lawsuit gives both sides additional information.

Before depositions, the insurance company may not know how well the plaintiff will testify. After the plaintiff's EBT, it does.

Before the defendant's deposition, the parties may dispute how the accident occurred. After the defendant testifies, the evidence may become much clearer.

Before a summary judgment motion, liability may be uncertain. After the judge rules, one side may have significantly more leverage.

Before an IME, the insurance company may dispute the medical evidence. After the examination, the carrier has another medical report to evaluate.

As the trial approaches, both sides must also consider the enormous uncertainty involved in allowing a jury to determine the outcome.

The plaintiff faces the risk of receiving less than expected or possibly losing. The defendant and insurance carrier face the risk of a substantial verdict.

That risk frequently creates opportunities for settlement.

A Lawsuit Does Not Mean the Case Must Go to Trial

Another major misconception is that once an attorney files a lawsuit, the case must be tried.

That is incorrect.

Litigation simply gives the parties the procedural tools necessary to investigate the case, compel disclosure, obtain testimony, request judicial rulings and ultimately proceed to trial if settlement cannot be reached.

A case can be aggressively litigated while settlement negotiations continue at the same time.

Sometimes litigation is actually what makes settlement possible because the insurance carrier finally obtains enough evidence to properly evaluate the claim.

Settlement Can Happen Almost Anywhere Along the Road

A case may settle before the lawsuit is filed.

It may settle after the Complaint is filed.

It may settle after the defendant answers.

It may settle during discovery.

It may settle after depositions.

It may settle after an IME.

It may settle after a liability motion.

It may settle after a serious injury threshold motion.

It may settle after the Note of Issue.

It may settle during JCP.

It may settle during a pretrial conference.

It may settle during jury selection.

It may even settle while the trial is already underway.

There is no magical rule stating that a lawsuit must travel through every possible stage before settlement can occur.

The only requirement for settlement is that both sides ultimately agree to acceptable terms.

Special Cases May Have Additional Steps

The process described above is a general roadmap for a traditional New York personal injury lawsuit. Certain cases have additional procedural requirements.

Claims against municipalities or other governmental entities may require a Notice of Claim before litigation and may involve a hearing under General Municipal Law § 50-h.

Construction accident cases may involve extensive Labor Law discovery and multiple contractors, subcontractors and insurers.

Medical malpractice cases involve their own procedural and expert requirements.

Automobile cases may also involve separate No-Fault claims, uninsured motorist claims or supplementary uninsured/underinsured motorist claims.

Cases involving minors may require court approval before a settlement can be finalized.

Multiple defendants may bring cross-claims and third-party actions against additional parties, resulting in more pleadings, more discovery and more depositions.

In other words, this timeline represents the normal highway through litigation. New York procedure is always capable of adding a few exits, detours and construction zones.

Final Thoughts

Litigation is not one event. It is a long series of procedural steps designed to develop the evidence, determine the legal issues and eventually place a personal injury case in a position where it can either settle or proceed to trial.

The process can be frustratingly slow. Several months may pass between major events, and a complex case can take years before a jury is selected.

But a long litigation timeline does not mean that the parties must wait until trial before discussing settlement.

Settlement can potentially occur throughout the entire process.

A strong deposition may lead to settlement. A favorable summary judgment decision may lead to settlement. A serious injury ruling may lead to settlement. A settlement conference may resolve the case. The approaching possibility of jury selection may finally convince everyone that compromise suddenly sounds like an excellent idea.

If settlement cannot be reached, however, litigation provides the mechanism for presenting the evidence to a judge or jury and obtaining a final determination.

So when an attorney tells a client that a case is "in litigation," it does not mean everyone is sitting inside a courtroom every day.

It usually means the case is somewhere along a very long road involving pleadings, discovery, depositions, medical examinations, conferences, motions, negotiations and trial preparation.

And unfortunately, New York Supreme Court still has not introduced same-day delivery.

Disclaimer: This article is provided for general educational and informational purposes only and does not constitute legal advice. Litigation procedures, court rules, deadlines and requirements vary depending on the facts of the case, the parties, the county, the judge and the type of claim. Anyone dealing with an actual legal matter should consult a qualified New York attorney concerning the specific circumstances of the case.