Personal injury lawsuits have developed a bad reputation for proceeding at a notoriously slow pace. While the slow pace of some cases can be frustrating for everyone, it can be especially problematical when a Buffalo resident is terminally ill and may not live to see the outcome of the matter. Fortunately, when the terminal illness is alleged to have been caused by the conduct of a defendant in the lawsuit, New York State law does provide some relief for the victim.
Section 3407 of the Civil Procedure Law and Rules allows a party to a personal injury lawsuit to request an expedited preliminary conference before the court under such circumstances. The request for an expedited hearing must be accompanied by a physician’s affidavit stating that the party is terminally ill, the nature of the terminal illness, and the duration of life expectancy, if known. The court is required to hold a preliminary conference within twenty days after the filing of such a request.
At the preliminary conference an expedited schedule will be established for completing all discovery necessary in the case within 90 days, unless good cause can be shown for extending this time period. The court also shall order at the conference that the case is to receive preference for trial scheduling and that the trial must commence within one year of the issuance of the order. This trial date may be further modified based on the circumstances of the case.
If you have suffered a personal injury and have any questions, please feel free to call us at 716-542-5444.
{ 0 comments… add one now }