How do you determine jurisdiction for an accident if the driver was from out-of-state and the victim was from a third state?
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How do you determine jurisdiction for an accident if the driver was from out-of-state and the victim was from a third state?
I was in a no-fault car accident (rear-ended) 2 years ago. I am considering filing a case after insurance closed my claim. I am a resident of CT, the other party was from PA and the accident occurred in NY. As I understand, lawyers are limited in jurisdiction by state and the deadline for filing also varies by state. Could you please advise, what filing deadline applies to my case (2 years or 3 years) and which state(s) should the attorney, that I file this case through, be licensed in.
Asked on August 19, 2011 Connecticut
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose. You could file in CT, PA or NY. The problem however is that CT and PA both have a two year statute of limitations in personal injury cases which means you have missed the filing deadline since the accident occurred two years ago. You can still file in NY since NY has a three year statute of limitations in personal injury cases. If you file your lawsuit in NY, you should retain a NY attorney.
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