Whether you are a plaintiff or a defendant in a personal injury case in New York, there are certain things expected of you. For instance, you may be required to provide a deposition. Failure to do so, or to abide by any requirements of the court, may negatively impact the outcome of your case.
Personal injury cases often result in a settlement that is negotiated by the attorneys on both sides. However, there are times when a settlement cannot be reached. When this happens, the case may go to trial. But what happens if the plaintiff or the defendant – or both parties – fail to appear in court?
Personal injury plaintiff didn’t show up for court. What happens next?
When the plaintiff in a New York personal injury case does not show up for court, it can derail the entire case. Appearing in court provides the plaintiff with a chance to prove that they suffered an injury because of the defendant’s negligence or actions. It is an opportunity to not only recount the facts of the case, but to show the personal side of the pain and suffering associated with the injuries.
If the plaintiff does not show up for court, the judge may decide to dismiss the case. The plaintiff may refile the case as long as it is within the statute of limitations.
Personal injury defendant didn’t show up for court. What happens next?
For the defendant in a personal injury case, the trial is an opportunity to tell their side of the story. Without the defendant’s input, the judge and jury will hear only the plaintiff’s version of events and any judgment rendered will be based on that information.
Unless the defendant notifies the court in advance and/or has a valid reason for not showing up, failing to appear in court could work against them. The plaintiff may ask the court to award a default judgment against the defendant.
The defendant can ask the court to vacate, or cancel, the default judgment. This must be done in a timely manner and the defendant must show good cause. If the court agrees to vacate the judgment, the case is put back on the court’s calendar. The default judgment cannot be used against the defendant.
Both the plaintiff and defendant failed to show up for court in personal injury case. What happens next?
If both the plaintiff and the defendant in a New York personal injury case fail to show up for court, the case may be dismissed without prejudice. Without prejudice means that the plaintiff can refile the case as long as it is within the statute of limitations for a personal injury lawsuit as set forth by New York State law.
Did you miss court in your New York Personal injury case?
If you’re a plaintiff or a defendant in a personal injury case in New York and you missed a court date, you should consult with a personal injury lawyer Bronx immediately. Evan W. Kohn is experienced in New York personal injury law and can advise you on what to do next. Se habla español. Contact our office today or call us at (718) 409-5500 to schedule a free consultation.