The upcoming summer months are filled with adventure as many families and individuals plan to travel. Whether you’re day tripping across your home state’s border or traveling across the country, it’s important to be aware of the risk of personal injury. Should you suffer an injury while in another state, there are a few things you should know.
Where Should You File Your Personal Injury Lawsuit?
The state in which you file your personal injury lawsuit depends on several factors, including who’s at fault and the type of accident or injury. For example, a car accident that occurs in another state most often requires you to file your claim in that state.
In contrast, if you slip and fall while visiting a business in another state, you may be able to file a lawsuit in your home state, depending on the business’ presence there. For example, entities that conduct business in your home state must abide by the same rules, allowing you to sue at home.
If you’re injured by an individual in another state and they own a home or are a party involved in a contract in your state, you may also be able to sue at home.
There are many nuances involved in where to file—called “jurisdiction” in legal speak. It’s often best to seek the counsel of an attorney as soon as possible after your accident to ensure you file in the right place.
Your Attorney: In-State vs. Out-of-State
If you must file a lawsuit for damages due to personal injury, it’s best to hire an attorney to help you navigate the process. When reaching out for help, you might wonder whether you should choose an in-state or out-of-state attorney?
- In-state attorney: If your accident occurs in your home state, you can use an attorney licensed there. Some attorneys also hold licenses for neighboring states for when accidents occur just across the border.
- Out-of-state attorney: The attorney you choose will need the proper license to practice in the state where the accident occurred. In some cases, attorneys can be granted pro hac vice admission to try a case in a state they don’t hold a license for. Although this is an option, an out-of-state attorney knows the state they work in, won’t require large amounts of travel and can help you reach a settlement quicker than an attorney in your home state. It is often possible for you to hire an attorney in your home state and for your attorney to then work in tandem with one from the other state.
An Experienced Personal Injury Attorney Can Help
When you’re injured in another state, the settlement process can seem daunting. After all, there are many decisions to make, including where to find the right attorney and whether a lawsuit is the right next step. An experienced personal injury attorney can help. To learn more about out-of-state personal injury cases, send us a message.
