Personal Injury in Another State
Nov. 25, 2015
With the holidays, many people tend to travel out of state to visit family and friends. In addition to the holidays, other vacations, work trips, and family outings take Coloradans in and out of other states every day. But, what happens if you’re injured in another state? Will you need a Denver personal injury attorney? When and where can you follow suit? There are a lot of questions to go along when you’re injured somewhere other than home. Mark A. Simon is here to answer some of the most pressing matters for you.
Suing in the State Where Injury Took Place: If you want to file suit in the state or county where the injury occurred, you’ll need to make sure the court has jurisdiction over your claims. In order to sue the entity, business, or person responsible for your injuries, then the state you’re suing in is required to have jurisdiction over the defendant. This can be accomplished by suing where the accident or incident occurred. Because the event that caused the injury occurred in that state, it doesn’t usually matter if the defendant is even from that state or county.
Suing in Your Own State: Regardless of where an injury took place, you might still be able to se in your home state if the person or company responsible for your injury has minimum contacts with your home state. Examples of ‘minimum contact’ include a company doing business in your home state, a person who maintains a home in your home state, or a person or business who is part of a contract formed in your home state. Depending on your specific situation and the exact laws, it might be more in your benefit if you sue outside of your home state. The distance involved might seem like a lot, depending on how far away you were when the incident occurred, but it is usually in your best interest.
State Court or Federal Court: After you have determined whether to sue in the state or county where the injury happened or attempt to sue in your own state, you’re also going to need to decide whether Federal or State Court is most appropriate for your suit. Federal courts tend to hear matters between parties with what is called ‘diverse citizenship,’ or parties from different states, with at least $75,000 in damages. They also deal with federal questions, like those involving constitutional rights, federal law, and the like. Just about all cases filed in Federal Court can also be filed in a State Court. Your attorney will be able to advise you which court you should pursue.
Mark A. Simon is here to give you the best legal advice and representation for you if you were injured in an accident out of state, whether on the job or on vacation. You shouldn’t have to suffer with your injuries without compensation. Contact us today to find out your options.