In some Buffalo personal injury lawsuits, the defendant will seek compensation from another party after the injured person files the lawsuit. This additional party is usually referred to as a third party defendant. This happens when the defendant believes the third party may be shown to have actually caused the injury or contributed enough to its happening that the defendant should not bear the full cost of the damages.
While the plaintiff is not suing the third party directly, this usually does not mean a separate trial will be held in which the defendant seeks compensation from the third party. Under New York State law, when actions involve common questions of fact, such matters will usually be resolved at a joint trial. As a result, all parties will usually present their position at one trial and the same jury will determine both matters.
Bear in mind, however, that the courts have been given strong discretion to split up matters if they believe that trying them together would be prejudicial to one of the parties. As a result, an experienced personal injury attorney will consider whether a request should be made before trial to have the matters separated due to potential prejudice.
If you have suffered a personal injury and have any questions, please call us at 716-542-5444.
{ 0 comments… add one now }