Countless people travel between New Jersey and New York every day, and some of those people suffer injuries when they’re out of state. If you get hurt on the other side of the Hudson River, our lawyers can handle your case, making sure it’s filed in the right jurisdiction and by the appropriate deadline.
You will file your lawsuit in New Jersey, so its two-year statute of limitations applies. Make sure you document the accident before leaving to go to the nearest hospital. Our lawyers can help non-residents injured in workplace accidents, car crashes, slip and falls, and other incidents through settlement negotiations and possible trials.
Call Agrapidis & Maroules, P.C. at (201) 777-1111 to discuss your case for free with our New Jersey personal injury lawyers.
What Should I Do If I’m Injured in New Jersey but Live in New York?
If you get injured in New Jersey but live in New York, have our lawyers handle your case. We can start investigating the accident and gathering evidence while you focus on your physical well-being.
Document the Accident
Wherever an accident happens, your main opportunity to document the scene is right afterward. After a car accident in New Jersey, take pictures of property damage and call the police. We can contact the appropriate police department for the report in the following days.
After slip and falls, photograph hazardous conditions. Common causes of tripping and falling accidents include loose carpeting, broken floorboards, and dim lighting.
Try to talk to eyewitnesses, too. Give us their contact information so our Bayonne, NJ personal injury lawyers can schedule interviews. We’ll record their statements to use as evidence.
Go to the Nearest Hospital
If you have obvious injuries, go to the nearest hospital in New Jersey. Call 911 so paramedics can take you to the hospital in an ambulance if your injuries require it.
If you notice injuries in the following days, go to the hospital or your primary care physician in New York. X-rays, MRIs, physical assessments, and other tests let doctors diagnose injuries. Your lawsuit should cover any hospital costs, so don’t put off treatment.
Call Our NJ Lawyers
If you live in New York, you’ll need a New Jersey lawyer to handle your case. Since the accident happened in New Jersey, that’s likely where you’ll file the lawsuit, especially if the at-fault party also lives and works there. That is also where the trial will take place, so having a lawyer familiar with New Jersey’s laws is important. You might be able to get the venue changed to be more convenient, but that’s not guaranteed.
What’s My Filing Deadline for a New Jersey Injury Lawsuit if I Live in New York?
New Jersey’s laws for personal injury lawsuits differ from New York’s. The statute of limitations is one year shorter in New Jersey, giving victims two years to file under N.J.S.A. § 2A:14-2.
According to § 2A:14-22(a), New Jersey may pause the statute of limitations when at-fault parties live out of state but not when victims do.
We can see if any other exceptions to the statute of limitations apply, like delayed discovery. Instead of starting to run on the date of injury, the statute of limitations would begin on the date you discovered your injury.
We will pinpoint the filing deadline for your case and bring your lawsuit before it comes.
What if I’m Injured at Work in New Jersey but I Live in New York?
If you’re injured while working in New Jersey, your employer’s Workers’ Compensation is the exclusive remedy. Under § 34:15-8, unless your employer intentionally causes your injuries, you may not sue them and may only file a Workers’ Compensation claim.
If a third party other than your employer is negligent, like an equipment manufacturer, you can file a lawsuit. The same two-year statute of limitations would apply, and you would file your lawsuit in New Jersey, even if you live in New York.
What if I’m Injured in a New Jersey Car Accident but Live in New York?
Out-of-state drivers hurt during car accidents face hurdles. Both New Jersey and New York are not-fault states, but they have different “serious injury thresholds.”
Under § 17:28-1.4, if your insurer is authorized to do business in New Jersey, its policies must satisfy minimum requirements for personal injury protection insurance. Furthermore, you are “deemed” a resident for the purposes of § 39:6A-8(a).
This means you must follow New Jersey’s no-fault rules after an accident. You’ll start by seeking damages from your personal injury protection insurance. If that’s not enough, our lawyers can compare your injuries to the serious injury threshold.
In New Jersey, drivers can sue when they suffer a miscarriage, significant scarring or disfigurement, displaced fractures, or dismemberment.
Out-of-state drivers are treated as though they have the “limitation on lawsuit option,” which makes them subject to the serious injury threshold.
What if I Live in New York but My Lawsuit Goes to Trial in New Jersey?
If you live in New York and file a lawsuit in New Jersey, you may want a fast settlement. Even if you want to avoid a trial, don’t let the distance keep you from a better recovery.
Many personal injury lawsuits settle with any court appearances for plaintiffs. We’ll update you on settlement offers and how negotiations are progressing. Defendants may stall negotiations, especially if victims also want to avoid trials. Their goal is to convince plaintiffs to accept bad offers so they do not have to travel for a trial.
If your case goes to court, we can help make the trial as seamless as possible for you. We will tell you what to expect, prepare you to testify, and estimate how long the trial may take.
Call Our New Jersey Lawyers About Your Accident Today
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for help with your case from our Jersey City personal injury lawyers.