How Does Personal Injury Law Apply to Tourist Injuries?
After missing out on vacation opportunities, many people are eager to travel again. Vacations offer people the opportunity to see well-known sites, try new activities, and relax. New York is an especially popular destination, because of its rich history, popular landmarks, and many entertainment venues.
Tourism is fun, but people tend to forget that accidents can occur while traveling. Individuals who suffer injuries while on vacation should understand how personal injury law pertains to tourist injuries. The personal injury attorneys at Zucker & Regev, P.C. are happy to help our Brooklyn, NY, clients explore their legal rights and options following a tourist injury.
Common Tourist Accidents
When people travel they tend to be much more relaxed and adventurous than they are in their day-to-day lives. It is good to let loose and explore new activities, but there are some risks involved with traveling. As people relax their inhibitions, and as they travel unfamiliar areas, the risk of an accident increases.
While some tourist injuries are related to excursions and adventurous activities, that is not always the case. Many of the most common tourist accidents are the same types of accidents that could take place when someone is at home, such as:
- Car accidents
- Slip and fall accidents
- Drownings or pool accidents
- Personal assault
- Faulty equipment accidents
Filing a Personal Injury Claim: Do I Need To Be In State?
The one thing that really sets tourist accidents apart from normal personal injuries is that they take place away from the person’s local area - often in another state. This comes into play when someone wants to take legal action against liable parties and hold them accountable for accident damages.
A personal injury claim needs to be filed in the county where the accident occurred, because local personal injury laws apply to the case. Since most people travel home soon after an injury, and many do not have time to pursue their legal options while still on vacation, it is common for them to wonder if they have to be in state to file a personal injury claim. Although a claim has to be filed in the state where the accident occurred, the plaintiff does not have to reside in the state or be physically present to file.
Does My Attorney Need to Be In State?
A personal injury victim does not need to be in state to file a personal injury claim, but their attorney does. An attorney has to be licensed to practice in the state where the accident occurred, so that they can represent the client. This benefits the injury victim, because it ensures they have an attorney who thoroughly understands local personal injury laws and how they apply to the case.
Will I Have to Travel for Court?
Another common concern for victims of tourist injuries is travel. If a lawsuit is filed out of state, any court proceedings will take place in that state. While plaintiffs do not have to be physically present for every part of a proceeding, it is likely that they would need to travel at least once or twice to settle a suit in court. However, it is important to remember that many personal injury suits are settled prior to trial. If a pre-trial settlement is reached, there is no need for the plaintiff to travel.
If you have been injured in a tourist accident and have questions about accident liability and compensation for damages, the attorneys at Zucker & Regev, P.C., would be happy to provide you with more information. To discuss the details of your claim, contact our law firm online or call (718) 624-1211 to schedule a consultation.