What kind of lawyer should we hire ? In what jurisdiction and what court ? Do we have a case?

UPDATED: Oct 1, 2022

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What kind of lawyer should we hire ? In what jurisdiction and what court ? Do we have a case?

We are a small trucking company based out of Rochester New York on june another small trucking company smashed up our truck while our driver was in the bunk asleep. The accident happened in Massachusetts the other company is out of New Jersey. The insurance company from their company said the driver that caused the accident was not a listed driver and their responsibility is only $5000. We have extensive out of pocket expenses. We reached out to the company but have gotten no response. What is the best way for us to proceed?

Asked on November 8, 2017 under Accident Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your recourse is to sue the at-fault trucking company for negligence.
You are the plaintiff.  The party you are suing is the defendant.  A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  You can file the lawsuit in NY, NJ or MA.  For convenience purposes, you should file the lawsuit in NY where your company is located.
The type of attorney you should retain is a civil litigation attorney. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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