www.njchiropractors.com I 9 urance Update MEDICARE Q&A Legislative Update Legal Ease LEGAL ANJC Leadership Executive Director’s UPDATE Legal Q&A After spending months planning what was anticipated to be a great vacation, the unexpected happens. Getting injured while on vacation, especially out of state, can be frustrating and confusing. Whether it is an auto acci- dent, slip and fall, or premises liability, handling personal injury claims out of state or even abroad may seem too time consuming and downright impossible. Rest assured, this is not always the case. No matter where the incident occurred, if a person was harmed due to the negligence of another, they are entitled to bring forth a claim. There are however some things to know after being injured while out of state. If the injured person resides in New Jersey, in order to bring a case to a New Jersey court, there will need to be “personal jurisdiction.” Under this rule, the court must justify its authority to hear the case by having jurisdiction over the parties involved. If the court does not have jurisdiction, it does not have the power to enforce its ruling. Even when an incident occurred outside of New Jersey, a case can be brought to the state court if certain requirements are met. Whether a person was injured by a driver of an automobile, business, hotel or cruise ship, personal jurisdiction may be exerted if that entity conducts busi- ness within New Jersey or is incorpo- rated in the state. The defendant must have some connection to the state of New Jersey in order to bring a claim here. Advertising or having a business within the state may also provide enough contact to exert personal jurisdiction even if the company is based elsewhere. New York state law differs slightly. It is also important to note that each state has a different “statute of limitations” (time restraint to file a claim). In New Jersey a person has two years from the time of the incident to file a claim with the court unless they were injured by a state entity or municipality, in which case a Tort Claims Notice must be filed within 90 days! If someone was injured in another state, the timelines may differ. Even if they were injured over two years ago, there may still be time to file a claim depending on the state. When injuries occur due to negligence associated with a cruise line, the contractual provisions typically call for a much more limited statute of limitations. The contract is usually contained in a ticket package and typically states that a passenger must provide notice of a claim to the cruise line within six months and file a lawsuit within one year. Whether you or any of your patients were injured in New Jersey, out of state, or abroad, we may be able to help. Statutes of limitation restrict the amount of time a person has to file a claim. Call me with any question or for a free consultation to determine personal jurisdiction and, if needed, refer you to a trusted attorney out of state. Garry R. Salomon, Esq., is a partner at Davis, Saperstein & Salomon P.C., and a Premier Supporter of ANJC. He is certified by the Supreme Court of New Jersey as a Civil Trial Attorney and is always available to answers your questions. He can be reached at 201-907-5000. Learn more about him at www.dsslaw.com. By Garry R. Salomon Injured While on Vacation? WHAT YOU NEED TO KNOW i Request a demonstration online at LightForceLasers.com // 302.709.0408 • Deliver effective treatments to deep and superficial target tissue • Maximize dosing and delivery efficiency with patented technology • Deploy optimal wavelengths and power settings • Create custom treatments for each patient with intuitive software • Save and repeat treatments for consistency LightForce® Therapy Lasers introduces the i-series, designed for ease, precision, and expert results. LASER PHYSICS IS HARD. PARTNER WITH THE EXPERTS. FX & EXP therapy lasers COVERAGE ADJUSTMENT I T ’ S T I M E F O R A , the nation’s leading malpractice insurance company To receive a free quote and learn more about MedPro’s ChiroPreferred program, call your local MedPro agent today. 8 8 8 . M E D P R O 5 C H I R O P R E F E R R E D . C O M MedPro Group is the marketing name used to refer to the insurance operations of The Medical Protective Company, Princeton Insurance Company, PLICO, Inc. and MedPro RRG Risk Retention Group. All insurance products are administered by MedPro Group and underwritten by these and other Berkshire Hathaway affiliates, including National Fire & Marine Insurance Company. Product availability is based upon business and regulatory approval and may differ among companies. Visit medpro.com/affiliates for more information. ©2018 MedPro Group Inc. All Rights Reserved.