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What is Force Majeure and How Can it Affect a Personal Injury Case in Brooklyn

Posted by Michael Redenburg | May 25, 2023 | 0 Comments

What is Force Majeure and How Can it Affect a Personal Injury Case in Brooklyn

The term "force majeure" refers to an unforeseen situation or event beyond the parties control and renders it impossible or impractical to carry out the terms of a contract. It is frequently used to justify releasing a party from responsibility or carrying out their contractual commitments.

Force majeure does typically not immediately apply in the context of a personal injury case in Brooklyn (or other legal matters). Tort law, which is concerned with the legal concepts of negligence and liability for damage brought on by the actions or inactions of another party, is a subject matter of personal injury litigation. The term "force majeure" is more frequently used in contracts.

However, it is crucial to remember that outside factors like events or situations could have little effect on a personal injury claim. For instance, if a public health emergency or natural disaster strikes while a personal injury lawsuit is still underway, it may cause delays or other disruptions in the legal process. The timing and development of a case can be impacted by court closures, administrative backlogs, or the absence of essential parties (such as witnesses or experts).

Here are some details about force majeure and how they might apply to a Brooklyn personal injury case:

  1. Court closures and delays

Unforeseen situations, such as natural catastrophes, public health emergencies, or other unforeseen events, may cause courts to close or delay judicial processes. This can delay the settlement of your personal injury case and impact its time. Keep in touch with your lawyer to stay informed about any modifications to the court's schedule or procedural changes.

  1. Preservation of the evidence

Force majeure incidents may also affect the gathering and preservation of the evidence in a personal injury case. For instance, it can significantly weaken your case if a natural disaster destroys or ruins essential evidence. Quick action and communication with your attorney are essential to preserve evidence and consider other possibilities if specific evidence is inaccessible.

  1. Legal strategy modifications

In personal injury cases, force majeure situations may need legal strategy modifications. If the force majeure incident causes delays, problems with the proof, or changes in the legal climate, your lawyer may need to modify their strategy.

Finally, force majeure occurrences may impact the insurance coverage for personal injury claims. For instance, delays or difficulties in receiving reimbursement may occur if a hurricane or flood impacts the capacity of insurance firms to handle claims. To understand the potential impact on your case, it is crucial to check the terms and conditions of any applicable insurance policies and speak with your lawyer.

About the Author

Michael Redenburg

We Will Fight For You With Fifteen Years of legal experience, Attorney Michael J. Redenburg began his career defending cases for the clients of insurance companies. Initially defending no-fault claims at a Long Island based law firm, he then moved on to a Manhattan based firm where he defended t...


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