Legal Question in Personal Injury in New York

Re: Dog Bite outside of establishment

Nothing is going to happen until one of the attorneys files something called an RJI (Request for Judicial Intervention). An RJI is filed the first time a party desires a conference or makes a motion for some type of relief. The RJI is what gets the case assigned to a judge. Right now your case has no judge assigned.

It is typical that the parties will start to exchange discovery demands during this phase of the lawsuit. However, ordinarily one of the parties will file the RJI and request a preliminary conference in order to get a discovery schedule established by the court if an adversary is not timely responding to discovery requests.

It is also typical that the defendant does not file the RJI because he is not inclined to push the case. Over time, memories may fade and witnesses may be lost forever. Usually the plaintiff will be the party to push the case along. The exception is where the defendant immediately makes a motion to dismiss or for summary judgment, in which case the RJI must be filed with or before the motion is made.

If there is no action for 1 year AFTER the RJI is filed, you can move to compel your adversary to put the case on the trial calendar or it will be deemed abandoned, but this generally doesn't make the case go away.

Re: Dog Bite outside of establishment

Tort cases like your dogbite can take 3-4 years before reaching the trial-ready stage, depending on various circumstances. That you haven't seen activity in six weeks is insignificant. You should certainly alert your insurance company to receipt of papers in August. Do not delay or your carrier may have a reason to disclaim. Good luck. Best, M.E. Zuller

Re: Dog Bite outside of establishment

Mr. Simon's response is way off and should be disregarded.

The first thing you should do, if you have not already, is to notify your premises liability insurance carrier and/or homeowner's insurance carrier of the suit IN WRITING. They will hire an attorney to defend you FOR FREE. That's why you pay premiums.

If you don't notify the proper carrier in a timely fashion, they will disclaim and you will have to pay for your own legal counsel and for any damages awarded.

After a lawsuit is served, you no longer have to be served personally with legal papers. There are unscrupulous attorneys who will "conveniently" not mail you any additional paperwork. You risk having a judgment taken against you without knowing it. Your assets are then vulnerable.

Call and write to your carrier and/or an attorney immediately. Do not sit and wait for Plaintiff to take the next step.

Marshall R. Isaacs