Legal Question in Civil Litigation in New Jersey

proper jurisdiction

im trying to find out where to have my case filed. I was involved in a single car accident in Virgina. At the time i lived in Tennessee. my son was badly injured. I currently live in nj. this accident happenned 1.5 years ago. i just been informed that my son under a guardian can sue me for negligence(he will require therapy and surgery insurance med limit already reached). where can the suit be brought. NJ, VA, TN or can this be done in federal crt. received many different answers from various lawyers, so cant find one to take the case.


Asked on 10/20/07, 3:46 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: proper jurisdiction

The statute of limitations on your son's claim against you only begins to run when he is 18 years old, no matter where it is filed. In Virginia he has two years beyond his eighteenth birthday or being legally declared to be emancipated to file suit.

If your child is under eighteen years of age and still dependent upon you you have time to attempt to settle the matter before filing suit. Your wife would have act on your child's behalf because you would have a conflict of interest. After settlement of the claim you could then file in New Jersey so that the Court could approve the settlement.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

If he is not close to his twentieth

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Answered on 10/20/07, 4:15 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: proper jurisdiction

The thing that concerns me the most is that this has been almost two years, and your statute is close to running out. Please call our offices or e-mail me directly and I will get you in touch with one of the best auto people in the business in both VA and in PA.

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Answered on 10/20/07, 4:18 pm


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