Filing a WI lawsuit for an out-of-state personal injury Handling claims, settlements & lawsuits when injured outside Wisconsin limits.

Your car accident is subject to the laws of the state where the accident occurred. A personal injury lawyer can help you file a lawsuit and identify all possible sources of liability. Insurance company lawyers understand the laws in every state and will try to minimize your settlement offer. Luckily, Warshafsky attorneys have experience settling claims from large insurance companies like MetLife. 

Wisconsin car accident attorneys

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 a 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 a 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.

6 WI Car Accident Laws that Impact your claim