The questions on this page were answered by our team of lawyers. The questions are categorized by practice area such as car wrecks, medical malpractice, traumatic brain injuries, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.
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What if I'm from North Carolina (NC), headed to New York, get involved in a bus wreck in Virginia (VA), and the at-fault driver is from South Carolina (SC)... how do I determine which law applies?
Often there are many different parties from many different states involved in a single accident, but typically speaking, the law of the place (situs) of the accident will apply. Unless there is a special circumstance, in the example above, the law of Virginia (VA) would apply. If you have questions about where you can file an injury lawsuit, you should contact an experienced injury attorney to help you with that decision.
Is there a deadline for me to file a claim if I suffered injuries from a bus, train, cruise ship or airplane accident?
If a claim is not filed within the time period specified by a state's "statute of limitations" (i.e. time limit to file a claim), you lose the right to sue and recover losses from injuries accrued from a mass transit (i.e. bus, train, airplane, cruise ship, etc.) accident. For example, the statute of limitations in North Carolina for personal injury is three years.
If the mass transit vehicle which caused your injury is government-owned (i.e. owned by the federal, state, county or city), there may be unique notices that must be given in a certain time period before filing a lawsuit. The time limit and notice requirements are usually available in the state code or city/local ordinances.
In some areas, the time limit to provide notice is short, such as 30 to 60 days. An experienced injury lawyer, like those working for Shapiro & Appleton will be able to give you with reliable information for the appropriate time limits and notice requirements.
If a train, bus, airplane, or other common carrier vehicle hits me and I'm injured,what can I recover for my injuries?
Generally, a common carrier vehicle like a bus, train, airplane, etc. is liable for injuries or damages caused by the negligent and/or reckless operation of its vehicles. If the common carrier vehicle is government-owned transit, the government may be liable for injuries or damages resulting from the use of the transportation system.
There are some exceptions to lawsuits that can be filed against government-owned transit. In addition, every state and local municipality has specific rules and procedures for bringing a lawsuit against them.
Numerous states and local governments require a unique notice be provided to the state or municipality before a lawsuit may be filed. This is why it's important to consult an experienced injury attorney, like those working for Shapiro & Appleton so you can be aware of the "statute of limitations" (i.e. the time limit to file a claim) or deadlines that could effect your case.
About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.