Out-of-state travel is common, especially if you are on vacation or traveling for business. In addition, you may be out of state to visit family and loved ones. If an injury occurs out of state, is the process of bringing a lawsuit against the negligent parties different?
The question regarding out-of-state injuries is also one of jurisdiction, this refers to the local court’s authority to consider a case for individuals. Jurisdiction may be affected by the factors that relate to the case or the individuals involved.
An accident that occurs within the state’s boundary may be tried in the same state. If a negligent driver struck or fatally injures a pedestrian in a specific state, they would face a lawsuit in that same state. There are many individual laws or differences that may still apply in specific states, it is important to inform yourself of these differences by reaching your local court’s websites or directories.
In the case of a negligent driver striking a pedestrian in a state outside of their own, the driver can be sued in the state where the accident occurred. Special jurisdiction rules may apply in a motor vehicle accident.
If the negligent driver wants to be sued in their home state, then their home state has personal jurisdiction over the driver. However, if the driver’s vehicle has a certain amount of contact within the state where the accident occurred, then the local courts may have jurisdiction over the driver.
In cases where an injury has occurred involving parties from different states, it is important to correspond accordingly with your personal injury attorney and obtain the necessary information to determine your case. For additional information regarding these types of cases, contact the team at Duncan Firm today.