Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue if I was injured in New York but live in another country?
Yes. New York courts have jurisdiction over personal injury claims when the injury occurs in New York, regardless of where the victim lives or their citizenship status. Non-US residents and foreign nationals have the same legal rights as NY residents to pursue compensation under New York law.
What is the deadline to file a personal injury claim in New York as a tourist?
New York's statute of limitations for personal injury claims is 3 years from the date of the accident, regardless of your nationality or country of residence. Missing this deadline typically bars you from recovering any compensation, so it is critical to act before time runs out.
What types of accidents can visitors sue for in New York?
Tourists and visitors can pursue claims for any injury caused by negligence in New York, including hotel slip and falls, taxi or rideshare accidents, subway and transit injuries, sidewalk defects, restaurant accidents, and assaults due to inadequate security. The same negligence standards apply to victims regardless of residency.
Do I need to be physically present in New York to pursue my injury claim?
No. Once you return home, your NY attorney can handle the entire legal process on your behalf. Evidence gathering, negotiations with insurance companies, and court filings can all proceed without you being in New York until a trial becomes necessary, which most cases never reach.