When a Buffalo personal injury case is settled and the defendant agrees to pay damages to the injured party, there are specific rules regarding how much time the defendant has to pay the damages.
How long this period of time is may vary depending on who the defendant is.
For most defendants in personal injury cases, New York law requires that they pay all sums due to any settling plaintiff within twenty-one days of the settling defendant having been tendered a written release and a stipulation discontinuing the personal injury case.
Both of these documents must have been signed by the injured party or by someone with authority to act on the injured person’s behalf.
As a result, most people who have suffered personal injury can expect to be paid within three weeks of having completed the paperwork necessary to discontinue the case.
If the defendant is a branch of the government, however, the amount of time they have to pay the injured party after completion of the appropriate paperwork changes.
If the defendant is a municipality – such as a city or town – or a subdivision of a municipality, this time is extended from twenty-one days to ninety days.
If the defendant is New York State or an officer or employee of New York State, payment is not based on when the paperwork is submitted, but instead on when the comptroller reviews it.
Payment is due within ninety days of the comptroller’s determination that all papers required to effectuate the settlement have been received by him.
If you have been injured and need the help of an experienced personal injury lawyer, please feel free to call us at 716-631-9999.
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