How long a defendant has to provide the injured party with payment once a Buffalo personal injury lawsuit is settled is provided for in New York State law. How long a defendant has to pay varies depending upon who the defendant is.
In most cases, a defendant is required to pay all sums due to any settling plaintiff within twenty-one days of tender, by the settling plaintiff to the settling defendant, of a duly executed release and a stipulation discontinuing action executed on behalf of the settling plaintiff. If, however, the defendant is a municipality or a subdivision of a municipality, this time is extended to 90 days.
If the defendant is the state or an officer or employee of the state, payment of all sums due to any settling plaintiff shall be made within ninety days of the comptroller’s determination that all papers required to effectuate the settlement have been received by him.
If a settling defendant fails to promptly pay all sums as required within the appropriate time frame, the plaintiff may enter a judgment against such settling defendant for the amount plus costs, lawful disbursements, and interest.
If you have suffered a personal injury and have any questions about how to go about settling your case, please feel free to call us at 716-542-5444.
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