Filing suit for a personal injury out of state: What you need to know
Whether you’re out of state on business or vacation, the last thing anyone wants to think about is getting injured. Unfortunately, “accidents happen.” When they do, you need to know what your legal options are.
If a car accident or other mishap has caused serious injury to yourself or a family member, you’ll likely need to sue. Insurance companies will usually offer you a settlement to cover your expenses related to the accident. It may look like a reasonable amount, but don’t be too hasty to accept it. In most cases, you will fare much better by filing a personal injury lawsuit—especially with an experienced personal injury law firm like Warshafsky Law representing you.
Can you sue in the state where you were injured?
In almost all cases, yes. To sue an individual, a business, or other entity, the state you’re suing in must have jurisdiction over the defendant. This simply means you will need to file suit in whatever court hears cases for the area where the accident took place. It doesn’t matter where you or the defendant is from.
3 situations where you can sue in your home state
There are situations where you may be able to file suit in your home state. The law governing this requires the person (or entity) who injured you to have minimum contacts with your home state. Such minimum contacts include:
- The defendant does business in your home state
- The defendant maintains a home in your home state
- The defendant is party to a contract established in your home state
Basically, if the defendant who caused your injury has in any way been enjoyed the rights and benefits of your home state, you can probably file suit there. However, every situation is unique and laws vary from state to state. In some cases, it may actually work to your advantage to file suit in the state where the accident occurred. An attorney can advise you as to which venue is preferable.
Do you sue in State Court or Federal Court?
You’ll need to determine whether your suit should be filed in a state court or a federal court. One of the key factors in making this determination is the amount you are claiming in damages. Federal courts usually handle cases between parties from different states when there are at least $75,000 in damages or cases involving federal law.
Milwaukee Law Firm Handles Out of State Personal Injury Cases
Warshafsky Law may be based in Milwaukee, but we handle personal injury cases all across the country and even throughout the world. Before you do anything—especially before you agree to any settlement offer made to you by an insurance company—contact Warshafsky Law and request a free legal consultation.
Almost every time someone comes in for a consultation, the benefit of hiring an experienced personal injury attorney becomes clear. Working with our board certified accident investigator, our attorneys usually uncover additional people, businesses or insurance policies that can be held liable for your medical bills, missed time from work, and the pain and suffering your accident has caused.
hen people choose their Wisconsin personal injury lawyer based on the endorsement of a football player or actor, they risk choosing an attorney who has never won more money in a courtroom. Settlement mills forward your paperwork and take a cut of your damages.
Hundreds of times we have prepared cases like yours beyond the brink of trial. Facing unlimited liability AND an expensive jury trial, insurance companies fess up what your case is worth. They HATE when you choose Warshafsky. Insurance companies know: it IS about the money.
Schedule a Free Legal Consultation
You can spend hours searching online for information on what to do when you’ve been injured out of state, but none of what you learn will be as clear-cut and useful as meeting with an experienced personal injury attorney. Take advantage of our initial free consultation to get a better understanding of your options and how we can help.