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Where Do I Bring My Accident or Wrongful Death or Medical Malpractice Lawsuit in New York? Which County?

 

A:

The question you raise is more commonly known in legal circles as "Where is the venue of your case?"

Venue means where you bring your case.

In NY state courts, where you bring a car accident case, a medical malpractice case or wrongful death case, the question always arises about which county you will be bringing your lawsuit in.

There are number of issues that must be evaluated to answer that exact question.

The first is where you live currently. The second is where you were living at the time of the accident or medical malpractice.

An injured victim has the right to bring a lawsuit in the county in which they live in. What happens though if the wrongdoing happened in a different county than where you live? Where do you bring your lawsuit?

If you were getting medical care and treatment in Brooklyn, but you live in Nassau County, where you bring a lawsuit?

If you were involved in a car accident in Westchester County but live in the Bronx, can you bring your lawsuit in Bronx County or in Westchester County?

What happens if you choose the wrong county?

Let's say you live in Bronx County and you received medical care in Nassau County. If you decided to bring a lawsuit in Westchester County, where there was no treatment rendered and none of the witnesses live, then you have given up your right to choose where your lawsuit will be held.

Instead, the defense now will have the opportunity to decide where to bring the lawsuit. I guarantee you that they will want it moved to Nassau County rather than Bronx County.

There are many other factors that will determine which is the correct county.

In order to know definitively where is the best place for your lawsuit, the details of your current treatment and accident must be evaluated thoroughly in order to obtain the correct answer about where to bring your case.