Legal Question in Personal Injury in New York
car accident trial location
I was involved in a car accident in county A in New York State. If both the plaintiff and defendant live in county B, in what county can the trial take place? Is it automatically county A, county B or does the plaintiff get to decide?
Thank you
5 Answers from Attorneys
Re: car accident trial location
There are 2 possibilites - county A where the accident took place and county B where the parties live. The 2 of you can agree on another county, but the plaintiff gets to choose between those 2 if you do not. You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: car accident trial location
Always the county where with of the parties live ... the accident location has no bearing ..but, and this is a big but, it is not fatal where the case is brought.
Feel free to contact with with follow up questions on e-mail or phone.
Good Luck
RRG
Re: car accident trial location
Can be either county but if counties are far apart and most medical treatment is in county where plaintiff resides, case should be sued and tried in county B
Re: car accident trial location
The plaintiff gets to chose what county to sue in. The proper county is a county where one of the parties lives, unless the defendant is a municipality. In that case it is the county where the accident took place. If the lawsuit is between two private citizens, the county where the accident took place has no bearing.
If you are considering bringing suit, please feel free to call me with any questions. If you are being sued, contact your insurance company.
Re: car accident trial location
County B. (where both parties live).
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.