Out of State Accidents
Have you ever thought about what to do if you were in an accident while on vacation in a different state? Most of us never ponder such a situation and that's OK. We are not here to make you dwell on these types of topics but some may find this an interesting read. Since we are personal injury lawyers, we are presented with many types of personal injury cases along with many unique circumstances. We have to be prepared to help you in your time of need. We must know the law and have great resources to get the help you need.
Let's create a situation where a person is on vacation in another state. While driving their vehicle, another person drives into their vehicle and causes extensive personal injury along with major property damage. Let's say for this conversation the person on the vacation is from Ohio and is visiting Florida when this accident occurs. The person that caused the accident is also on vacation. They are from Alabama.
One question could be, can the person from Ohio use an injury law firm from Ohio or do they have to contact a law firm in Florida? The answer is they can contact a law firm from Ohio since the victim is from Ohio because a claim can be handled by an attorney in a different state. If a lawsuit needs filed, then an attorney would need to be admitted to the Bar of the state in which the lawsuit is filed.
What courts will be used? Do you have to use the courts in Florida since that is where the accident occurred? The answer is no. You do not have to go to a court in Florida, you can use the court system in Alabama since the defendant resides in Alabama. However, the case has to follow Florida traffic laws. Now since both parties are residents of different states, the case could also be heard in Federal Court on the basis of Diversity Jurisdiction. These types of cases can get labor intensive. If there are eyewitnesses, they would need to be found and interviewed. If the case goes to trial, the eyewitnesses may have to be present at the trial.
Now imagine you are on a cruise ship. Let's say a person slips and falls and injured their back. The person has a serious back injury and has to be taken to a hospital.
This situation is similar to the one we just talked about except for a few more things. Was the cruise ship in United States waters or international waters? Who is liable for my injuries? The owner of the cruise ship is liable. Where are they located?
Let's say they are located in another country. Do they have an office in the United States? Were their eyewitnesses to your fall? Where are they from? As you can imagine, this would be a major undertaking to gather all the information, find the eyewitnesses and gather all their information. There may be language barriers to overcome not to mention different continents.
These type of cases happen. They have to be dealt with. People are injured and they need help. It's not a topic we want to talk about very much.
As personal injury attorneys, we find these cases challenging. We understand that if we do not take these types of cases, who will help the injured? With over 40 years of helping injured victims, the Eshelman Legal Group steps up and fights for your rights. "We'll Make Things Right".
You may have seen our TV commercials or read one of our many helpful articles on line. We have been helping people just like you for over 40 years. We are ready to help you. Call the Eshelman Legal Group today for your free initial no obligation consultation. Call: 1-800-365-0001 "We'll Make Things Right"
The attorneys at the Eshelman Legal Group understand that no matter how cautious you are, others may not be so careful, and accidents do happen. So we hope you don’t need to, but if you are in a situation where you need the advice of an personal injury attorney, the Eshelman Legal Group is here to help you. For over 40 years we have been assisting accident victims, and we are here to assist you too... because “We’ll make things right.”
Ask yourself this question… who does the adjuster work for? The adjuster works for the insurance company, they do not work for you.