New York State gets scores of visitors every year to take in the various sites and sounds of areas from New York City to Buffalo. There is plenty to do in New York State, and there are plenty of experiences that could make lifelong memories. But New York is like any other place in the world in that accidents can, and do, happen to tourists visiting the area.
What can a guest to the state do if they are in a personal injury accident in New York? How can they get the compensation they need to help them move past their injuries and get on with their lives? If you get injured while on vacation in New York, filing a lawsuit is not as difficult as you may think. Even people from outside of the country can file a personal injury lawsuit if they are injured while on vacation in New York.
British Tourist Loses Leg In An Accident In New York City
Sian Green is a British tourist who was visiting New York City when a cab driver with a suspect driving history jumped the curb and hit her. Green wound up losing her left leg below the knee, so she sued New York City for allowing the cab driver to operate despite his poor driving record. In her lawsuit, Green asserted that New York City’a faulty computer system allowed the cab driver to maintain his job, which cost her the use of her left leg.
Ms. Green lost her lawsuit, but what is important is that she was able to bring the lawsuit to court in New York State for an incident that occurred in New York. She hired a New York attorney and made trips back to New York when necessary. Ms. Green’s story shows that even people who live outside of the United States can sue if they are injured in New York.
Suing Across State Lines For Injuries Sustained
If you are from outside of New York State, you can absolutely sue someone whose negligence caused your personal injury accident while you were visiting New York. Not only can you sue a New York State entity that caused your accident, but you have options as to how and where you will sue them.
In most cases, you will have to sue a New York State entity within New York if you want injury compensation. People who live out-of-state can hire a New York-based attorney to handle their case, but you may still have to come back to New York to sign some paperwork or appear in court, if the case goes that far. Your other option is to hire a lawyer in your state who can make contact with a New York lawyer. This can get expensive, but it may be the best way to make sure your rights are fully represented.
You may be able to sue a New York entity in your home state if:
- It is a business with a location in your home state
- It is an individual who owns property in your home state
- It is an individual or business entity that is involved in some kind of business arrangement in your home state
Before you assume that you can sue a New York entity in your home state, you should first seek out the advice of an experienced personal injury attorney.
Option To File In Federal Or State Court
It should be noted that any federal case can be filed in a state court, so the option of filing your case in federal court may not be the best one. But if your case involves a plaintiff and defendant from two different states and the compensation being sought is $75,000 or more, then you might be able to file in your local federal court. You can also use the federal courts if your personal injury case involves some federal law or constitutional issue.
New York is a diverse state that attracts visitors from all over the world. Every once in a while, a visitor is injured in a personal injury accident where a New York entity was negligent. Anyone visiting New York can rest easy knowing that they are legally allowed to sue for injury compensation, even if they are on vacation.