Buffalo personal injury lawsuits are typically initiated by the filing of a Summons and Complaint with the County Clerk in the county where the lawsuit is being pursued. Once this document is filed, the injured party is required to have it served upon the defendant or defendants. There are several methods that may be used to achieve proper legal service upon a defendant. The defendant must be given the document in one of these proper, legal manners for the lawsuit to be properly initiated.
New York State law requires that the Summons and Complaint be served within 120 days of its filing with the County Clerk. In most cases, this proves to be ample time. Sometimes, however, a defendant may not be at the listed address and will not have left any forwarding information. Under such circumstances, an investigator may be needed to locate the defendant and final service may not occur until after the 120 days has lapsed.
Fortunately, under such circumstances the Court has the discretion to extend the time for service of the Summons and Complaint, so long as the plaintiff can demonstrate either good cause for the delay (which usually involves showing a diligent effort to find and serve the defendant) or that such an extension would be in the interests of justice (which requires the Court to look at the totality of the circumstances and the merits of the case).
If you have suffered a personal injury, we would be happy to help you. Please feel free to call us at 716-542-5444.
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