Legal Question in Personal Injury in Florida
Slip and Fall
I live in NJ and was on vacation in Savannah Ga in feb 2008. I fell at a hotel in GA and injured my knee. I now have permenant nerve damage and need to wear a brace on my leg because of the fall. I was out of work for approx 8 weeks and now I am out of work for several months and expect to be for some time.
The hotel was put on notice when it happened and an incident report was filled out. According to the person who filled out the report, the stairs where I fell have been a problem for many years and many recommendations were made to fix them. All reccomendtions to fix the steps have been ignored.
The hotle is a local chain with approx 10 hotels in the south east area of the US. It's head office is in orlando, FL. They do not have any hotels or offices in the NJ area.
Do I need to file in State Court in NJ and GA OR do I need to file in Federal Court in NJ, FL or GA?
What are the advanatages and disadvantages in filing in federal court as oppose to state court?
4 Answers from Attorneys
Re: Slip and Fall
You should speak with a lawyer in Georgia, which is almost certainly where you should file. That lawyer can advise you whether you should file in federal court, but it's unlikely that you would.
Re: Slip and Fall
Our office can help you with your matter. Please call to schedule an in-office consultation. Visit our website www.njlaws.com
Re: Slip and Fall
You should not file in any of these courts. You should have your attorney file for you. But before you file suit, you need to exhaust the insurance possibilities. The rules of jurisdiction and venue are complicated, and the hotel might actually have a presence (if not a hotel) in NJ or even Delaware (corporations have their HQ there). You need to speak to an attorney as soon as possible. Most attorneys will take this on a contingent fee, which means no fee unless you recover. Feel free to call our offices.
Re: Slip and Fall
If there are no contacts with New Jersey then the case must be brought in a jurisdiction in which the hotel has contacts, or the chain. Additionally, even if they are based in FL, the case probably needs to be venued in GA due to it being the most logical forum.
As to whether to bring the case in Federal or State, that decision is best left to local counsel. Many places Federal Court may be superior to local state court; that is typically not true in NJ, but there are some places where it is. However, that is a decision left up to the attorney.
While I do not practice in GA, I have a multitude of contacts and can introduce you at an A+ firm in GA if you wish. Please contact me if you would like some assistance. Best wishes. Adam Rothenberg
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