Legal Question in Personal Injury in Florida

injury

Hello,

I am located in FL and a family member was hit by a car about a week ago in New York and it does not look good. My question is can I file a lawsuit against the person and family that hit her? There is a great deal of personal suffering and just at lot to deal with. it it just a very painful and stressful time.

Can I file a personal lawsuit in the state of FL against the person that hit her for pain and suffering and causeing all this stress if the it happened in NY


Asked on 10/08/07, 4:50 pm

4 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: injury

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It appears likely that venue is proper in New York and you should discuss this matter with a New York lawyer or lawyers to determine your rights. Even if the potential defendant lived in Florida, the accident took place in New York and all the witnesses probably live there thus the economics of the case would make more sense filing in New York. Generally, unless you are the spouse or a child who is dependent upon the injured party, you may not have a right to file suit or a claim for damages.

Scott R. Jay, Esq.

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Answered on 10/09/07, 12:36 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: injury

This would be a question for a NY lawyer. In Florida, unless you are the spouse, you would not have a claim for injury to a family member.

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Answered on 10/08/07, 5:04 pm
Matthew Sarelson Sarelson & Shafir LLP

Re: injury

You may be able to sue in Florida depending on the residence of the defendant. New York is probably the better place to sue, but Florida could be the place. Feel free to contact my firm to discuss, for free, your options. You can always hire Florida attorneys to file suit in NY, we simply bring in a NY attorney to assist. Good luck, I look forward to talking with you.

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Answered on 10/08/07, 5:14 pm
Andrew Frisch Morgan & Morgan, P.A.

Re: injury

The case most likely must be brought in NY state. If you'd like to discuss the case further, I'd be happy to help. I am licensed in both NY and FL with a FL office in both West Palm Beach and Port St Lucie. Feel free to contact me at (888)FRISCH-LAW.

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Answered on 10/08/07, 8:49 pm


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