Buffalo personal injury lawsuits involving more than one defendant are governed by very specific rules enacted by New York State. While an injured person will want to pursue all of the parties responsible for an injury, sometimes one of the defendants just cannot be located.
Because of concerns that an injured person would not receive full compensation because the remaining defendants would point to the missing defendant’s actions as a factor in setting damages, New York State law specifically states in the Civil Practice Law and Rules section 1601 that “the culpable conduct of any person not a party to the action shall not be considered in determining any equitable share herein if the claimant proves that with due diligence he or she was unable to obtain jurisdiction over such person in said action.”
As a result, if a plaintiff makes a good faith effort to locate a defendant but they cannot be found or brought to court, the total damages cannot be reduced based on that fact.
If you have suffered a personal injury and have any questions regarding this topic, please feel free to call us at 716-542-5444. We would be happy to help you.
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