Were Your Lawsuit Papers Properly Delivered? NY Negligence Attorney Gerry Oginski Explains

Posted about 2 years ago. Applies to New York, 1 helpful vote


The consequences of not delivering your lawsuit papers properly can be deadly. In fact, it can totally destroy your case.

In New York, there are specific legal requirements about how your lawsuit papers must be served upon the people that you are suing. If you do not deliver those papers properly, the defense will claim that the court cannot and does not control the people you are trying to sue. That means that any judgment or award against them would not be valid if the court never obtained control over those individuals.

That is known as the court getting 'jurisdiction' over those people (also known as defendants).

The only way that can properly happen is if your lawsuit papers are properly delivered to the people you have sued.

This can become critical if you have filed a lawsuit in a timely manner but then realize shortly afterwards that the people you are suing were not properly given the lawsuit papers.

If the time has now lapsed and you no longer have time to bring a lawsuit, despite having timely filed your lawsuit, you may encounter serious difficulties in proving to the court that the people you intended to sue were given those lawsuit papers in a timely manner.

Watch the video to learn more.

Additional Resources

Gerry's Medical Malpractice YouTube Channel

Gerry's Educational Medical Malpractice Website

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Related Topics

Negligence and personal injury

Negligence is a key concept of injury liability, and occurs when someone fails to take a reasonable amount of care to avoid injuring others.

Medical malpractice

Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

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