New York Out of State Car Accident Lawyer
Being injured in a car wreck is a traumatic experience in and of itself. Being injured in a car wreck out of state adds another layer of difficulty and complexity to the issue, especially if you were hospitalized far from home. One of the first questions, aside from medical concerns, victims have is how the compensation process works if they were injured out of state. The New York out of state car crash lawyers at Cohan Law Firm can help you get through this arduous time in your life, and are available to answer any questions you may have.
Different States Have Different Laws Regarding Personal Injury Claims
Being injured in a car crash in New York is not the same as being injured in New Jersey, or Texas. Each state has its own laws governing the personal injury claims and lawsuit process. These laws include the statute of limitations (how long you have after the date of the injury to file a lawsuit), potential caps on compensation for damages, and how comparative responsibility or comparative negligence/contributory negligence works—some states like New York are “pure comparative negligence” states, while others like Pennsylvania are modified comparative negligence, and others like Virginia are pure contributory negligence; these laws describe how the compensation is reduced if a plaintiff is partially at fault for causing the crash they were injured in.
Which State Should I File In?
Generally, you can only file a personal injury claim or lawsuit in the state that the collision occurred, or in the state the defendant resides in. This might seem unfair to a New York plaintiff (the innocent party who was injured), because if they are hit by a defendant in Virginia and that defendant was from Oklahoma, the plaintiff has to decide between filing in Virginia or Oklahoma, not New York. The same rules go for suing a business, such as a trucking company. You can file a claim in the state where the crash occurred, or in a state where the trucking company is from. However, businesses can also be sued in states in which they have “minimum contact,” which simply means they do a significant amount of business or advertising there.
Call a New York Out of State Car Crash Attorney Today
There are a lot of decisions that need to be carefully considered before deciding what state to file your personal injury claim in. What state do you have the best chance of full compensation in? What are the statutes of limitation in each state? It is advisable to consult an attorney in all traffic collision scenarios, particularly in complex out of state cases. An attorney can help you maximize your compensation for medical bills, lost wages, property damage, pain and suffering, and much more. To learn more about your options and to begin working with an attorney today, call the New York out of state car crash attorneys at Cohan Law Firm at 855-855-0321 for a complimentary consultation.
