There is always a certain degree of risk when traveling to a new, unfamiliar place. While you may try your best to remain cautious, you may not be immune to the dangers you are wrongfully exposed to. As a result, you may be involved in an accident, be left injured, all while being scared and far away from home. Once you address your immediate physical health concerns, you may move on to considering a personal injury claim. Well, when it comes to a potential legal action, please read on to discover whether it necessarily matters what state you got injured in, and how one of the seasoned Monmouth County personal injury attorneys at Wilton Law Firm can help you navigate these complexities.
It matters to a certain extent that you got injured in a different state than where you currently reside. This is because this generally means that the court in your home state does not have the jurisdiction to handle your personal injury case. Rather, to have a valid and acceptable claim, you may have to file in the state where your accident took place. Or sometimes, in the state where the negligent party (i.e., the defendant) currently resides. That said, each state has its own set of laws that may affect your compensation and the deadline for filing your claim.
For example, New Jersey uses a modified comparative negligence rule, where you may only recover damages if you are found to be 50 percent or less at fault for your accident. From here, your compensation may be reduced by your percentage of fault. Also, the statute of limitations in New Jersey is two years from your accident date. However, you cannot assume that this negligence rule and statute of limitations are the same in the state with jurisdiction over your case.
Say you are not a resident of New Jersey, but your personal injury accident happened in the Garden State. Well, in this case, our team of attorneys will gladly facilitate filing your personal injury claim with the state’s civil court. But first, we will, of course, confirm that New Jersey is the state where your case is strongest, and where you will have the best chances at recuperating from your incurred damages.
Although, you may sadly have to advise you to file your claim elsewhere. If so, we will likely be unable to represent you in your upcoming claim proceedings, as you may require an attorney professionally licensed in the state where your accident occurred or where the defendant lives. Rest assured, though, you may still assist you by referring you to out-of-state affiliates, coordinating communication, collecting evidence, and much more.
We understand that you may not want to deal with any of this right now, but it must be addressed for the sake of your physical, emotional, and financial health. So please allow one of the competent Monmouth County personal injury attorneys from Wilton Law Firm to make this legal process overall less burdensome for you. We will be happy to help and give you much-needed relief.
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