Why You Should Consider Filing A Lawsuit
New York, Pennsylvania, New Jersey and Delaware offer powerful legal protections to injury victims, especially those injured as the result of someone else's negligence. Under the strong tradition of civil common law, negligent parties can be forced to answer for their misconduct, and be held liable for any financial damages incurred by the victim. These rights, though premised in various state laws and traditions, are extended to both residents and tourists.
Despite these powerful rights, many people are hesitant about the idea of filing a lawsuit. That's especially true when you were injured far from your home state or country. Why put yourself through the trouble of legal action, when you'll be miles away? The answer is simple - because you're hurt and medical expenses have begun to pile up, because your injuries may come to affect your home and work life, even making it impossible to work at all.
You deserve justice, no matter where you are from, and no matter how you were injured. If your injuries are the result of someone else's negligence, you can demand justice in the courts of New Jersey, New York, Delaware and Pennsylvania. This is your right as an accident victim.
I Was Injured On Vacation. Can I File A Lawsuit?
Our experienced attorneys have spoken to hundreds of tourists who were injured while vacationing in Delaware, New Jersey, New York and Pennsylvania. Some were visiting friends and family, while others were taking business trips. We've consulted with both foreign and domestic travelers - people who were injured in car accidents, slip and fall accidents and sexual assault cases. We've talked to a husband who lost his wife to a drunk driving crash; a woman who came to the United States for surgery, but found herself the victim of medical malpractice; and a Danish tourist who was assaulted by an assailant in Manhattan.
One thing all of these people share is that they were scared. Far from home, many in a completely new country, our clients felt as though they had nowhere to turn. Most had no idea about their rights under New York, New Jersey, Pennsylvania or Delaware law. They felt lost and alone, yearning to return to their homes.
We told them what we tell all of our clients, and it's what we'll tell you now. If you were injured, a battery of strong state laws protect you. As an injury victim in Pennsylvania, Delaware, New York or New Jersey, state law grants you powerful legal rights as an accident. If your accident was the result of someone else's negligence, you may have the right to file a personal injury lawsuit against the responsible party, pursuing financial compensation and justice in a court of law.
Personal Injury Lawsuits & Negligence
Depending on the circumstances of your accident, you may have a case for compensation. But how do you know? The vast majority of personal injury lawsuits in the United States, including those filed in Delaware, Pennsylvania, New Jersey and New York, are based in the legal theory of negligence. The concept of negligence recognizes that certain people owe other people a duty of care - an obligation to act with reasonable care and concern for the wellbeing of others.
Drivers, for example, have a duty to others on the road to operate their vehicles in a careful manner, obeying the rules of the road and focusing on driving, because operating a motor vehicle is an inherently dangerous activity. Likewise, doctors owe their patients a duty to practice medicine according to the accepted standards of care within the medical profession.
In the same vein, property owners have a duty to protect residents, visitors and guests from reasonably foreseeable hazards, including spilled items on the floor of a grocery store and ice on a winter city sidewalk. Hotel and motel owners have an obligation to take reasonable precautions to protect their guests from violent crime, as do owners of parking lots and gas stations.
These duties come with a price. When a driver fails to follow the rules of the road, or a property owner allows a hazard on the premises to lead to severe injuries, they have been negligent. Negligence is a careless or reckless disregard for the safety of others. It's also the basis of most personal injury lawsuits.
Our Practice Areas
Our experienced attorneys focus their legal practice on cases of:
- Violent crime, including negligent security lawsuits
- Car accidents
- Slip and fall accidents
- Construction accidents
- Sexual assault
- Child sexual abuse
- Medical malpractice, including cancer misdiagnosis
- Nursing home abuse and neglect
Look below the surface of any of these accidents and forms of misconduct and you're likely to find someone's negligence. In the case of a car accident, driver negligence, in the form of carelessness or inattention, is at the root of most crashes. Negligence can also be found in many slip and fall accidents, especially those occurring in stores and hotels. Another aspect of negligence to consider is the role that hotels and motels play in allowing violent crime to occur on or near their premises.
When someone else's negligence causes a victim to suffer severe injuries, the victim gains the right to file a private civil lawsuit against the responsible party. Victims are eligible to demand financial damages for their medical expenses, lost wages and pain and suffering. This right exists in Pennsylvania, Delaware, New York and New Jersey, as it does in every other state of the union. These powerful rights are extended both to foreign and domestic vacationers.
Where Can I File A Civil Lawsuit?
In most cases, you will be required to file your lawsuit in the state where the accident occurred, unless your claim involves a corporation or business entity headquartered elsewhere. The upshot? If you were injured in Pennsylvania, New Jersey, New York or Delaware, you will most likely be required to pursue your claim for compensation in that state, rather than your home state.
But you don't have to stay here to pursue your case. You can return home, and focus on your recovery, while our experienced attorneys handle the legal issues for you. The dedicated legal team at Justice Guardians is prepared to fight for your rights, no matter where you are. There is no requirement that the plaintiff in a civil case remain in the state where the case is filed. You can go home.