Did you know that you do not have to be a citizen of the United States or resident of New York to file a lawsuit for a personal injury that happened there? Most people are unfamiliar with these rules, but the fact of the matter is that anyone can file a personal injury lawsuit in New York – once they follow the jurisdiction and venue rules.
What is Jurisdiction?
Jurisdiction refers to the court’s authority to hear a case. In New York, the parties can sue if either of the parties resided in New York at the time of the accident, or if the accident occurred in New York. For example, a Londoner traveling to Manhattan on holiday is involved in an accident when a negligent driver strikes the red, double-decker sightseeing bus they are a passenger in. The negligent driver is a resident of Pennsylvania and the bus is registered to a corporation in Delaware. Can the Londoner file a lawsuit for personal injuries in New York? The answer is a resounding, “Yes.” If you have questions about an accident in New York that caused an injury, no matter where you live, contact the attorneys at Friedman & Simon, L.L.P. to learn what rights you have to a money recover for the harm you have suffered.
For a free legal consultation, call 516-932-0400
How Does Venue Work?
Now that we’ve covered jurisdiction, consider the problem of “venue”. Venue refers to which courthouse a plaintiff can file a lawsuit. What determines the courthouse that a plaintiff can file suit in? The answer lies in the recently amended law, CPLR 503(a):
Except where otherwise prescribed by law, the place of trial shall be in the county in which one of the parties resided when it was commenced; the county in which a substantial part of the events or omissions giving rise to the claim occurred; or, if none of the parties then resided in the state, in any county designated by the plaintiff. A party resident in more than one county shall be deemed a resident of each such county.
For the visiting, out-of-town plaintiff, the choices are simple: the plaintiff can select the defendant’s county, the county where the accident occurred, or any county the plaintiff wishes if none of the parties resided in New York.
What to Do if Injured While on Vacation in New York
If you were injured while on vacation, contact one of our attorneys immediately. There are specific rules regarding the timeframe to file a personal injury lawsuit in New York. The Statute of Limitations determines the time to file suit. In addition to the Statute of Limitations, there are other time limitations associated with making claims and litigating lawsuits. Failure to comply with the strict requirements of the Statute of Limitations will result in your claim being time-barred, meaning you will never be able to sue if you miss the deadline. Failure to comply with other applicable case time limitations can also have devastating consequences for an injury victim’s claim or lawsuit.
We urge you to let Friedman & Simon, L.L.P. handle all the details of addressing the various time requirements of your case. You should be focusing on your medical treatment and healing. We will relieve you of the time-stresses associated with cases and make sure all deadlines are met. With respect to time-concerns, it is also very important to note, the sooner you contact us, because of factors like evidence and witness availability, the greater our opportunity to build the strongest case possible on your behalf.
Contact the attorneys at Freidman & Simon, L.L.P., to review your accident injury case. We will walk you through the process, explain the timing of major events during the course of your case, and recommend a strategy that suits your needs.
Will I Have to Appear in New York?
The answer is maybe. It depends on how far a claim will have to progress before reaching a settlement or, if the case must be litigated, how far along that process must go to either settle or reach a verdict at trial.
If you agree to a pre-suit settlement, the answer is “No.” But if you choose to move forward with a lawsuit, there are three main events that will require your personal appearance:
- Depositions: prior to trial, the parties are required to appear at a “mini-hearing” known as an “Examination Before Trial.” During the deposition, you will give testimony under oath to a court reporter who will create a written record of everything that is said. This transcript is critical to the case because it can be used as sworn testimony at trial.
- Medical Examinations: the defense has the right to schedule “independent” medical examinations after depositions are held. This cannot be performed by Skype or telecast and will require a physical appearance.
- Trial: should the matter proceed to trial, your physical presence will be mandatory in the courtroom.
Our firm has represented many clients, injured in New York, who bring New York based lawsuits and who do not live in New York. We are experienced at doing everything possible to coordinate the above steps for clients’ maximum convenience. Specifically, we will work to provide as much notice as possible of the need for a client’s physical presence and we will work to schedule steps #1 and #2 above as close to each other as possible to consolidate travel and lodging and minimize inconvenience. If you have concerns about these issues, you truly owe it yourself to discuss the matter in depth with one of our Long Island, New York personal injury attorneys.
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Contact Friedman & Simon, L.L.P. Today
If you have been injured while in New York, no matter how long or short your stay was, contact the attorneys at Friedman & Simon, L.L.P. to protect your interests and learn more about your rights. They have translators standing by that can assist you in any language you are comfortable speaking. Their attorneys are accommodating, friendly, and helpful. In the end, they want to help you achieve the justice you deserve.
Trips to New York should be fun and filled with happy memories. If your trip was less than that and resulted in injury, perhaps we can change how the story of your New York trip ends, by winning the compensation you need and the justice you deserve.
Contact Friedman & Simon now for more details in a free consultation with an experienced, caring, dedicated Long Island, New York personal injury lawyer: 516-932-0400.