by: Michael Rose
There is never a good time or place for an accident, but certain circumstances can make rebuilding a shattered life even more grievous. Being injured while traveling can present additional obstacles to recovery, but there are ways to both minimize those obstacles and maximize your recovery.
New York Injury, New York Jurisdiction.
Generally, if you are injured in New York, New York courts will have jurisdiction. This means if you live in California, you will still have to bring the lawsuit in New York if that is where the accident happened. However, a common misconception is that you have to be in New York for the duration of the lawsuit. Your presence is only required in New York for your deposition (which essentially is an interview given under oath by both side’s attorneys) and your Independent Medical Examination. The only other time you may have to be present is if your case goes to trial. While only a handful of cases result in a trial, it is the thorough preparation by experienced trial attorneys that produce successful settlements and judgments.
New York Lawsuit, New York Attorney.
While it might be stepping outside of your comfort zone to choose an attorney other than your attorney in your home state, this is a pill you just have to swallow. Chances are your attorney will end up calling a New York attorney for advice or a referral, so doing your own due diligence to choose the right attorney to represent your interests will give you the best chance of a full recovery. In order for an attorney to represent you in New York, they must be licensed in New York. However, even if an out-of-state attorney is licensed to practice in New York, without experience litigating in New York makes the license obsolete; a lawyer inexperienced with New York’s laws and procedures will not only prolong the process but will directly (and adversely) affect the outcome of your case. A couple from Massachusetts understood the importance of choosing a New York trial attorney to represent them and their three children who were involved in a motor vehicle accident in New York. Their case settled for $2,000,000 after choosing Hach & Rose, LLP – a New York Personal Injury Litigation firm – to represent them. The firm also represented a man from Arizona when he fell down a New York restaurant’s stairs due to an insufficient handrail, sustaining injuries to his eye. He received $400,000.
Accidents that happen out of state will always have additional hurdles to jump over which is the last thing you need when you or a loved one is injured. However, choosing a local, experienced trial attorney to represent your interests will both simplify and maximize the road to recovery. When in doubt, just remember: What Happens in New York, Stays in New York.