Accidents happen everywhere. You may be just down the road, or you could be hundreds of miles away from home on vacation. However, what do you do if you are out of the state and get into a car accident?
Is that personal injury claim handled any differently than one would be if it occurred in your home state?
We have asked attorney, Alaina Sullivan, about how personal injury claims work in out-of-state crashes.
Here's her breakdown of how this scenario would work:
Lawsuit in the State Where the Injury Occurred
The first option you have available to you is to file personal injury law suit in the state where your accident occurred. The out-of-state court would have jurisdiction over you due to the fact that your accident occurred in their state.
Further, the other party involved in the car accident will likely live in that state. Therefore, you would have jurisdiction over the defendant. Even if the other party does not live in the state where the accident occurred, the court would still have jurisdiction due to the fact that the injury occurred in that state.
If you are the individual being sued after a car accident that occurred in another state, you will have to participate in the legal matter.
You may be able to find out-of-state representation to handle the case for you without you actually being physically present in the state, but you will still have to be a part of the litigation, even if you do not live in the state.
Suing in Your Home State
Even if you were injured in another state, this does not mean you are completely out of luck in filing a suit in your home state. You may be able to file a personal injury case in your state if you can show that the other party has what is known as “minimum contacts” with your home state.
What does this mean? This means that one of the following applies to the other party:
- The defendant is a company that does business in your home state;
- The other party is an individual who maintains a home in your state; or
- The person or business is party to a contract formed in your home state.
The person or business who is also involved in your car accident must have availed him or herself of the rights and benefits of your home state. It is a fact-specific situation, and you may have to first prove that jurisdiction does exist before proceeding with the merits of your case.
The other party may also try to fight jurisdiction, and the court may have to make a determination of which forum is most convenient.
Filing a Lawsuit in Federal Court
If you were injured out-of-state, you may not even consider filing in a state court. Instead, you could proceed in the federal court arena in receiving compensation for your injuries.
This possibility is not available for every type of case, however. Certain requirements must be met to proceed in a federal court:
- The case must involve an issue of diverse citizenship, which involves parties from different states and the damages must be at least $75,000; or
- The case must deal with a federal legal question, such as a violation of federal law or constitutional right.
Most cases would involve diverse citizenship, but the threshold amount of $75,000 must be met before a federal court will even consider the case.
In most situations, your case would qualify for state or federal court. At this point, you will need to look at which forum would be best for you. State courts have different rules and different methods of handling certain cases. A personal injury attorney can help you determine which court you would need to file in for a personal injury suit suit.
Not all attorneys are licensed in federal court, so you may need to ensure that the attorney you hire is capable of practicing in federal and state court. An experienced personal injury attorney will be able to advise you on the best way to proceed.
Contact an Attorney Today
If you have been in a car accident out of state and have questions about your ability to seek payment for your injuries, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine what you would be able to claim in damages.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
