If I’m filing suit for a personal injury, do I need to hire a lawyer in the state where my injury occurred or the state where I live?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m filing suit for a personal injury, do I need to hire a lawyer in the state where my injury occurred or the state where I live?
I was injured in a slip and fall that occurred at a restaurant in VT. I live in NY. The accident happened in 11/09. I have 2 questions: 1) Do I need to hire a lawyer in VT, or can I hire one in NY; and 2) Is there a statute of limitations that would limit my ability to bring a case since the injury happend over a year ago?
Asked on December 14, 2010 under Personal Injury, New York
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Oftentimes personal injury claims have a statute of limitations of somewhere between 1 to 4 years depending on the type of injury and what state the accident occured. In typical conflicts of law cases, you would most likely file where the defendant is (where you have jurisdiction over the person) and where the action occurred (where you have jurisdiction over the matter). A change of venue (changing courts can always be addressed, but more likely than note the law that will be used is Vermont since the accident occurred in Vermont). If you choose to hire a personal injury lawyer in Vermont (instead of going pro se) understand that you will be responsible for attorney's fees unless you win your case, the state by statute allows attorneys fees be awareded and the court grants that to you. In Vermont, it is generally three years from date of injury but this may be limited as well. This is of course circumstances have not occurred to toll (delay) the statute of limitations so that you technically have more time to file.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.