Where Do You Sue if You Have an Accident Out of State?

If you suffer an injury, it is most common that the location of the accident that leads to the injury will be within your own state. However, people travel all of the time, and as such it is not impossible to think that a person could be involved in an accident that occurs in a state other than their own, or that they are injured by an out-of-state resident.

If you are injured in a state other than your own, or injured by someone who lives in a state other than your own, and you believe that you have a personal injury case, it is important to speak with an attorney. An attorney can advise you regarding liability, and where you’ll need to sue.

Determining Jurisdiction

Before you file your lawsuit, you need to know which court to file the lawsuit with. In order to determine this, you need to establish jurisdiction. Jurisdiction refers to which court has the legal authority to make decisions and judgements. There are two types of jurisdiction: subject matter jurisdiction and personal jurisdiction.

Subject matter jurisdiction is exactly what it sounds like – the jurisdiction of a court based on the subject matter, or nature, of the lawsuit. For example, if a traffic accident occurs in Tennessee that is caused by an out-of-state driver, a Tennessee court may agree to hear the case as a matter of subject matter jurisdiction, as states have the authority to hear cases involving accidents on their roads, regardless of where those involved in the accident are from.

Personal jurisdiction, on the other hand, refers to the state in which the defendant has citizenship. Consider an example where a Tennessee resident travels to Texas for the weekend, where they suffer a slip and fall at a bed and breakfast there. Despite the fact that the plaintiff is from Tennessee, they must file their lawsuit in Texas, as that is where the defendant lives.

How Do I Know Where to Sue?

Depending upon the type of accident you’re involved in, where the accident happens, and where the other party (the defendant) is from, you may not be sure where to file your lawsuit. Before taking any action, it is highly advised that you consult with an experienced personal injury attorney.

Another question that many plaintiffs ask is whether or not they have to file their lawsuit in person, especially if it is in another state. They may also wonder whether or not they will have to travel back and forth across state lines in order to obtain a settlement. While it depends on the specifics, you will likely have to appear in person in order to attend any hearings related to the case. In some instances, your attorney may be able to represent you without you being forced to travel. Keep in mind that you will probably want to work with an attorney who is licensed in the state you are filing your suit, as most attorneys do not hold multiple licenses to practice in various states.

Contact Us Today

At the offices of Bednarz Law, our experienced Nashville personal injury attorneys can help you to understand jurisdiction rules when you are injured by the negligence of another. Contact our law offices today to begin the process and request a free consultation.