When dealing with a New York slip and fall attorney, you are dealing with an attorney who deals with slip and fall action throughout New York City. And this is not only limited to New York City when you’re talking about a New York slipping fall accident, it’s limited to the state of New York, however. And as you probably know, if something arises in New York City, it also is deemed to rise in the state of New York, because New York City is part of New York State. And because of that, New York State rules apply to actions that occur in New York City. But when I say actions, I am talking about actions that are filed in course like lawsuits and other things like that. And a lawsuit to commence in New York by filing what’s called a complaint. And when somebody follows a complaint, they also need to file a summons, and when somebody follows a summons and serves a summons, they will need somebody to respond to it.
A New York slip and fall Attorney will tell you what you need to do once you file a summons to serve it. And this means that you need to deliver it to the defendant. And when you deliver it to the defendant that needs to follow the rules that are required for a proper service. One of the ways to properly serve a defendant is via personal service. And personal service means that the Process Server, the person who is delivering the summons and complaint, gives their hands the summons and complaint to the person who is supposed to receive it. The person who’s supposed to receive it is called the defendant. And the defendant is the one who the plaintiff is seeking money from. And sometimes there is more than one defending, and when that happens, even if they are all at the same address, that is to say that, even if all the defendants are at the same address, they all need to be served separately. And the way that you or the Process Server says that they have served separately is through what’s called affidavit of service.
Once the affidavit of service is completed, the New York slip and fall Attorney then Files it with the court. Or someone at the attorney’s office will then file it with the court. And once it is filed with the court, it becomes part of the record. The record is or can be viewed online and it’s through the NYSCEF. That is the system through which court dockets can be updated, and core files can be made, as well as court files can be viewed publicly and online by the general public. This is how a reporter or anybody for that matter can find out what is going on in any given case, and this includes New York slip and fall cases. It also includes other types of cases, but we are eliminating the topic of this article to New York slip and fall cases because that is the topic of this article and that is what we are writing about in the context of this article.
A New York slip and fall Attorney should also be very well-versed in the timing of what goes on, and when you need to file different things in the context of a lawsuit. And in the context of the lawsuit, the most important thing in the beginning, at least, is to understand what the statute of limitations is for a New York State full case in New York. And this is important because if you do not file the case of the lawsuit in time, then you run the risk of the lawsuit being time-barred. And when the case of the lawsuit is a time-barred, it means you cannot bring the case because you ran out of time and you did not bring it within the timeframe that you should’ve brought the slip full case in New York. That is not the Band end however there are situations where the statute limitations can be told. And when a statute of limitations can be told, even for a New York slip and fall case, this means that even though you file it late, and may nevertheless, be accepted, and you may not lose your claim or causes of action.
Your New York slip and fall Attorney will tell you that there are situations where there can be multiple defendants in a lawsuit. And when there are multiple defendants in a lawsuit, each one of them needs to be served individually and separately, even though they are or maybe at the same address or at the same location. And sometimes this happens when in a slipping fall situation, you have a building, and a property management company, and also another retail or office establishment that leases the place from the building, from the management company, or is otherwise in privity with the building, the building owner, or the management company. And in those types of situations it is pretty common for all of those aforementioned listed constituents are made part of any lawsuit. And if they’re not a part of a lawsuit, they are a part of the discussion involving a potential settlement lawsuit.
A New York slip and fall attorney will also tell you that there is another party that might be involved with the lawsuit as well. And that party could be the insurance company. And when the insurance company is involved, they also generally hire another attorney as well or they could hire another attorney, or they could hire an attorney to represent Eddy one or more of the defendants. And if each one of the defendants has its own insurance company, then there may be a number of different insurance companies, as well as attorneys involved in a situation involving a New York slip and fall accident. And so if you envision it like this: there is the person who lives in fall, who is the plaintiff, and then there is the business where they did fall, the businesses, insurance company, the building, the buildings insurance company, and the management insurance company, and all of their respective attorneys. This could be a lot of people. Please call us at 212-500-1891 to discuss.