I was Injured While Vacationing in Another State. Which State’s Personal Injury Laws Apply to my Case?
Whether you are enjoying a weekend skiing in the Rockies or taking in the city sights of New York, you can be injured while you are on vacation. This can bring the vacation to an abrupt end and force you to think about issues you never imagined facing while away, like getting medical care in an unfamiliar place or seeking compensation for your damages.
In most cases, the laws of the state where your accident occurred are applied to your case if you file a lawsuit. But this is not always the case. You might settle your claim out of court or be able to file a lawsuit in Florida.
Your Car Insurance Covers you in Every State
If you are injured in a car accident, rest assured that with most policies, you are covered throughout the United States. Check your policy to be certain of the extent of your coverage; some policies provide coverage in Canada as well as the United States. Florida drivers are required to carry personal injury protection (PIP) coverage. In most cases, you will seek compensation for your injury-related damages through your own provider with a PIP claim.
If your damages exceed the PIP claim threshold, you can file a personal injury claim with the at-fault party’s insurance provider. Work with an experienced personal injury lawyer to negotiate an appropriate settlement with the insurance provider without having to involve the court.
Jurisdiction is an Important Component of your Case
When you cannot resolve your claim privately with the insurance provider, you need to file a personal injury lawsuit. Where you can file your lawsuit depends on which court has jurisdiction over the defendant. Typically, this is the state where the accident occurred. But in certain cases, you can file your lawsuit in Florida if Florida courts have jurisdiction over the defendant as well. This can be the case if your claim is against a company that operates in Florida as well as other states or if it is with an individual who has a home in Florida.
If you have the option to file a lawsuit in more than one state, talk to your lawyer about where it would be advantageous for you to file the lawsuit. Each state has specific laws for personal injury claims, like comparative negligence laws and different statutes of limitations for claim types, so if there are issues or discrepancies involving these in your case, it could be in your best interest to choose one state over another.
Draper Law Office can Help you Develop, Prepare, and Pursue your Florida Personal Injury Claim
Talk about your case in greater detail with a member of Draper Law Office before you decide how to proceed. Call our firm today at 866-767-4711 to set up your free, no-obligation consultation with us or visit us online to get the conversation started.