When a personal injury lawsuit is filed in Buffalo, there are several situations in which the action or inaction of one of the parties may result in a “default judgment” in favor of the other party. This most commonly occurs, however, when a defendant fails to appear in court to challenge the allegations of the plaintiff.
In this situation, the plaintiff has one year to apply for a default judgment from the date that the default occurred. In personal injury cases, a default judgment for failure to appear applies only to the liability of the defendant, not the amount of damages. As a result, an additional hearing or trial will still be necessary to determine the amount that the defendant owes the plaintiff.
There are, however, additional restrictions placed on the defendant at a “damages only” hearing or trial following a default judgment. If the defendant chooses not to appear to contest damages, the plaintiff is allowed to use affidavits to prove damages instead of producing witnesses in court. Even if the defendant does appear, the plaintiff may be allowed to use sworn written statements of witnesses as evidence. As a result, the ability of the defendant to cross-examine witnesses is greatly limited.
If you have suffered an injury and have any questions regarding this topic, please feel free to contact my office at 716-542-5444. We would be happy to help you.
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