Jurisdiction Issues When You Are Injured in an Accident in Another State
Posted on December 4, 2018
With the upcoming holidays, it’s time to start thinking about safety and what to do if you are injured in an accident while far from home. When another driver causes an accident, you might be entitled to compensation for the damages and injuries that result. However, what happens if you’re injured in another state? Will jurisdiction issues come into play, leaving you with few options?
Jurisdiction and Its Role in Your Personal Injury Case
Jurisdiction refers to a court’s authority to hear the matters of your case and help you work toward a result. When you have been injured in a state that is not your own, jurisdiction issues are actually quite simple – you file your claim in the state that accident occurred.
One of the reasons why jurisdiction matters is that you may be obligated to travel back to that state for hearings related to your case. If you sue in another state, you should note that that state’s laws might be different from the laws in your own. No matter where the accident occurred, you should always check with a qualified personal injury attorney to assure your case is well defended.
One of the biggest differences may involve the statute of limitations. For instance, if you have been injured in Ohio, the statute of limitations is two years. It’s 3 years in Arkansas and 4 in Florida. When that time limit is up, you will be barred from bringing your personal injury claim forward.
If You Have Been Injured by a Company
Different rules apply when you have been injured by a company in a state that is not your own. An example of this is if you are involved in a truck accident and the driver, as well as the company who employed the driver, may be responsible. In most cases, you will need to sue the business in the state where their headquarters are located. This might mean that you will have to travel to that state, but your attorney will be able to help you through these difficult steps as you make your way toward the compensation you deserve.
If you have been injured in an accident outside of your home state, it is important to speak with an experienced injury attorney about your first steps.
At Katz Kantor Stonestreet & Buckner, we have experience in a wide variety of cases and want to help you work through all the details of your claim to secure the compensation you deserve. Contact usat 304-431-4050 for more information on how we can help you.
Note: This post was created with the help of secondary sources operating independently from Katz, Kantor, Stonestreet & Buckner Law Firm. The information used from these sources has not been independently confirmed by our staff. If anything included in these posts is incorrect, please inform us and we will promptly correct the post.
Disclaimer: Our intent with these posts is to honor the victims of these terrible accidents and inform the public about how to avoid these accidents and what to do in the event of one. This information should not be considered legal or medical advice.