Legal Question in Personal Injury in New York
Fall while boarding boat because of movement of boat.
Wife, age 75, fell upon boarding a sightseeing boat while on a tour with well known travel company. Boat moved away from dock and wife fell between boat and dock. medical expenses over $7000, wife was incapacatied for over 3 months, still has large indentation on her leg. Company offered now apology or neither did boat company. Insurance carrier offered $7500 for settlement. We ask for $130 plus medical costs, Attorney fees and $10,000 which we spent on trip...The will not settle. should we sue in NY state. fellow passangers had to lift my wife up on to the boat. She would have drown, had her foot not caught on the cross beam of the dock. this happen on the 2nd day of a 12 day tour. There was no accident report filled by tour director, or did we have any acknowledgement from company. We went to doctors for over three months going at least 4 times a week. she had a hole on her leg 3/4 inches deep where the blood had to be taken out from the bruse. the frustration of the treatment put her in to rapid heart beat and so will have to be on Coumadin for the rest of her life. We have been dealing with the Insurance company for a year now. What would you advise. Thank you for any help you could offer. Thanks you
4 Answers from Attorneys
Re: Fall while boarding boat because of movement of boat.
You can sue in New York provided there is a basis for jurisdiction. I am assuming that you and your wife are residents of Texas. The travel company and boat company, however, may provide you with the jurisdiction you need to utilize the New York State courts, such as place of incorporation or principal place of business. For use of Federal court, there needs to be diversity of citizenship and the controversy must exceed $75,000. While the full extent of injuries is unclear based on your summary, it does appear that you could arguably claim to meet that threshold amount. Please note that my firm regularly handles personal injury litigation cases and I would be happy to discuss this case further with you and outline all of your options.
Re: Fall while boarding boat because of movement of boat.
You should sue in NY if the accident took place in NY and you can not get jurisdiction over the defendant(s) in your home state. A $7,500 settlement is not fair compensation (unless there is no liability against the defendant). My office handles these type of cases on a contigency basis so please feel free to call or email.
Re: Fall while boarding boat because of movement of boat.
If you reside in Texas and the tour company is a New York corporation, or has its principal place of business in NY, you may bring an action in the NY State Supreme Court, in Federal District Court either here or there, so long as action seeks damages in excess of $150,000, or in Texas Courts if there is a jurisdictional basis.
You have not explained the facts of the accident
which would give rise to liability on the part of the company, and $7500 is what is considered a nuisance value settlement. (The cost of defending litigation).
If you wish to discuss this matter, provide further details by email.
Re: Fall while boarding boat because of movement of boat.
You should sue in NY. My firm handles personal injury matters. Please feel free to contact my office. www.sambrownlaw.com
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