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Where to Find the Right Lawyer If Injured in Another State

Written by AskTheLawyers.com™

Where to Find the Right Lawyer If Injured in Another State

Written by AskTheLawyers.com™

AskTheLawyers™

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Typically filing a personal injury lawsuit is a fairly logical process: you’re injured, you hire a personal injury attorney, they take care of all the hard stuff, and the case runs its course. It’s not nearly as black-and-white if you happen to be in another state. Perhaps you’re on vacation, seeing family during the holidays; or you might be on a business trip. Whatever the case, it’s important to know the legal facts. The good news is….

You Can File a Lawsuit if in Another State. However….

Keep in mind these three important stipulations: One: You Can File a Lawsuit in the State Where the Injury Actually Occurred That therefore means even if you’re not from the particular state, if the accident happened there, lawsuits are typically common jurisdiction for the court in that state or county. That generally means you can hire a lawyer in that state or county (in fact, you don’t have any choice but to hire a lawyer in that state or county, with some exceptions). It’s essentially within your rights to file a lawsuit in the state where the accident occurred, because a court must have jurisdiction over your claim. If you file in your own home state, the court may not have jurisdiction over the claim given it exists in another state. So keep that in mind. Two: However, Second Stipulation Also Allows You to Sue in Your Home State for Specific Reasons Let’s say you’d rather not have to file a lawsuit in the visiting state. If that’s the case, you can file the case in your home state if:

  • The defendant has to have done business in your home state, or
  • The defendant maintains a place of residence in your home state, or
  • The defendant is a party to a contract formed in your home state.

This is crucial to know given the defendant may be an individual or a company. Perhaps you were injured while on the job, or as a patron—legally, if that company does business in your own home state, you can make it convenient for you by pursuing a lawsuit there. Three: What About State or Federal? Does That Matter? It might. Consider your situation first, as there are two factors in determining viability in pursuing a federal lawsuit: one, the parties with diverse citizenship have to have at least $75,000 in damages in dispute, or two, the dispute involves a federal matter, such as constitutional rights. There’s a slight gray area here as generally speaking all sorts of personal injury cases can be filed in state courts regardless of severity. However, consulting a qualified personal injury attorney just might give you the more beneficial option of approaching a lawsuit at the federal level.

The Most Important Thing to Remember Is to Just Talk to an Attorney

Get feedback. Your situation might be of a specific nature that it would warrant a certain course of action. It wouldn’t hurt to consult two different lawyers, in fact—one in one state, and the other in another. Do due diligence and approach the matter accurately. It’s in your best interest.

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