Most Buffalo personal injury lawsuits are officially initiated by the filing a Complaint against the responsible party. Often, the process of the parties exchanging information that begins after the filing of the Complaint leads to new information being revealed. This may include evidence that an additional party was negligent or that the manner in which a party caused the injury was substantially different than that alleged in the Complaint.
Under such circumstances, it may be necessary to amend the Complaint to reflect the newly obtained information. Fortunately, New York State law allows an injured person to supplement or amend the original Complaint. If such a change is necessary within twenty days of the service of the Complaint, the injured person may simply submit an amended Complaint.
If more than twenty days has passed, a Complaint may be amended through agreement of the parties or by leave of the Court. When Court leave is requested, the law generally provides that leave is to be “freely given upon such terms as may be just.” As a result, Court’s generally will permit amendment absent some showing of undue prejudice to another party in the personal injury lawsuit.
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