If you were recently injured in the Hudson Valley, you should speak to a lawyer about how to get financial compensation. If you live in another state, your case may be more complex than you realize, and you should contact a New York lawyer as soon as possible.
If your accident occurred in the Hudson Valley, but you live in another state, you will likely end up filing your lawsuit in New York. As such, you will need a New York attorney who can handle your case, and our legal team is here to help. While it may be possible to file your lawsuit in a different state, this can be difficult and is often part of a larger legal strategy that you might not need.
Contact our Hudson Valley personal injury attorneys for a confidential, free case review by calling Basch, Keegan & Spada at (845) 303-2748.
Where Do You File a Lawsuit if You Were Injured in the Hudson Valley but Live Elsewhere?
Normally, you file injury lawsuits in the state where the injuries occurred. However, when one or both parties to the case live in another state, you might have other options.
New York
Most plaintiffs injured in the Hudson Valley file their claims in New York even if they live elsewhere. Your attorney can likely handle most of the pre-trial hearings and proceedings in your absence, and you may have to come back to New York only for the trial. This might feel somewhat inconvenient, but it would be very difficult for the defendant to dispute venue or jurisdiction since the accident occurred in the Hudson Valley.
Your Home State
To sue a defendant in your home state, you must establish sufficient minimum contacts between the defendant and your home state. This may include circumstances where the defendant deliberately conducted activities within your home state or owned property/visited regularly.
The Defendant’s Home State
A state court has general jurisdiction over residents of that state, so any lawsuit against a state resident may be filed in that state. This might not be proper “venue,” which is a separate consideration.
Federal Court
If both parties are from different states and the case is worth more than $75,000, you can file in federal court. However, you must still select a venue state, as each state may have several federal district courts to choose from. Also, you need to pick which court, as there are different federal district courts in each state.
What is the Statute of Limitations if You Were Injured in the Hudson Valley?
Under New York law, plaintiffs have only 3 years from the day of the accident to file personal injury lawsuits. However, if you want to file your lawsuit in another state, the other state’s statute of limitations might apply instead, and it might give you more or less time.
There may be grounds to pause the clock from running while the defendant is outside of the state, but our laws for serving process in another state make it difficult to put cases on pause under this exception.
Which State Law Applies if You Were Hurt in the Hudson Valley But Sue in Another State?
If you are injured in the Hudson Valley, New York law will apply to your case regardless of where you file it. Even if you are able to file your lawsuit in a court in your home state, the judge will still apply New York law to the facts of the case. As such, it is best to proceed with your lawsuit in New York with a New York attorney who knows New York law. If you file the case in your home state, you need a lawyer barred in that state, and they might be unfamiliar with how New York law works.
Where Should You Hire a Lawyer if You Are Injured in Hudson Valley but Live in a Different State?
Hire a New York lawyer. While you may have other options, your case will likely be filed and heard in a New York court. As such, you need a lawyer licensed in New York with experience handling New York law. If you take the case to another state, an attorney from that state could technically help you, but they may be totally unfamiliar with New York law.
Can the Defendant Try to Move Your Lawsuit to Another State?
Yes. This is more common when plaintiffs sue a corporate entity. You might have been injured by a product the defendant produces, but the defendant is headquartered outside of New York.
It may still be possible to sue in New York, as you may be able to establish sufficient minimum contacts between New York and the defendant. However, corporate defendants may seek to have the case heard in the state where they are headquartered if they believe it will give them a legal advantage.
Is it a Good Idea to File a Hudson Valley Injury Case Outside of New York?
Plaintiffs who do not live in New York may want to file injury lawsuits in their home states rather than New York, but this may not be the best idea. Remember, New York law will apply, and you need a New York attorney who understands it. If you sue in your home state, you might have a lawyer unfamiliar with New York law.
On top of that, moving the case to another state can be legally complex and time-consuming. You would likely spend a lot of time and money just trying to get the case into court in another state. It is often more financially prudent to keep the case in New York, where the injury occurred.
Contact Our Hudson Valley Personal Injury Lawyers to Discuss Your Injury Claims
Contact our Poughkeepsie, NY personal injury attorneys for a confidential, free case review by calling Basch, Keegan & Spada at (845) 303-2748.