Picture this: you are living your best life in the peak of summer vacationing in Denver, Colorado. You are soaking up the beautiful scenery while jet skiing on pristine waters — life couldn’t get much better. After a thrilling ride, as you step off the jet ski onto the dock, you slip and fall on the wet surface, twisting your ankle as a result.
Getting injured away from home is never pleasant. However, accidents can happen unexpectedly. Personal injury and slip-and-fall laws vary significantly from state to state, meaning the process of filing a case for an injury in Colorado differs from that in California.
A personal injury lawyer is well-versed in the nuances of such cases, and can help you abide by the specific laws of each state. They will advocate on your behalf to ensure you receive the justice and compensation you rightfully deserve.
Prioritize Your Safety First
If you are injured out-of-state, the first and most important step is to seek medical attention immediately, even if you feel fine. Ensuring you are healthy is crucial, and early medical intervention can prevent complications down the line.
During each visit with a medical professional, take thorough documentation, including medical reports, treatment plans, and any prescribed medications. These documents can serve as evidence when filing a personal injury claim.
If your injury resulted from a car accident, call 911 right away. Be sure you collect the other party’s insurance information and driver’s license details. Additionally, document the accident scene with photos and gather contact information from any witnesses.
Gather Sufficient Evidence
Before returning home from your vacation, collect all the necessary evidence and documentation from your accident. This includes:
- Photos and videos of the scene and your injuries
- The address and cross streets where the incident occurred
- Statements from witnesses and their contact information
- Medical records and documentation
- Police or incident reports filed at the scene
- Contact information of all parties involved
Once you connect with a personal injury lawyer in Los Angeles, they will ask you for this evidence to help them file a strong case.
Notify Your Insurance Company
Get in touch with your insurance company as soon as possible to inform them about the accident and your injury. Providing detailed information is important because it helps confirm the specifics of your coverage, ensuring you understand what medical expenses, property damage, and other costs are covered under your policy.
Initiating the claims process with your insurance company will speed up the processing of your claim, helping you cover initial expenses and secure necessary resources. Your insurance company can also provide immediate support and in some cases, help you with the required documentation, such as medical reports, police reports, and photos of the accident scene.
Learn the State-Specific Laws
Generally, you cannot file a personal injury claim in your state’s jurisdiction unless the defendant resides there. If the defendant does reside there, the injury would not be considered out-of-state, and thus, valid under your jurisdiction.
The general rule of thumb is to either sue the defendant in the state where they currently live or sue them in the state where the accident occurred, regardless of where you or the defendant reside.
For instance, under California Code of Civil Procedure section 410.10, California courts may exercise jurisdiction over out-of-state defendants as long as such jurisdiction is consistent with the federal or state Constitutions. This means the defendant must have had “minimum contacts” with California for the courts to have jurisdiction.
For an out-of-state case, the attorney generally needs to be licensed in the state where the accident is being handled, as each state has its own legal requirements. However, there are exceptions that allow out-of-state attorneys to represent clients, such as:
- Pro hac vice admission. This allows an out-of-state attorney to practice in a specific case with the court’s approval.
- Federal court practice. Attorneys licensed in any state can practice in federal court.
- State reciprocity agreements. Some states have agreements allowing attorneys licensed in one state to practice in another without taking another bar exam.
Understanding the legal nuances of varying jurisdictions can be complex. Los Angeles personal injury law firms can help advise on in-state matters and in some cases, connect you to the resources needed to file out of state.
We advise connecting with a personal injury attorney in Los Angeles, or the city in which your accident occurred as soon as possible to discuss the next steps.
Contact a Personal Injury Attorney Today
Contact one of the top Los Angeles personal injury law firms for guidance on how to navigate the legal process in the proper jurisdiction.
John J. Perlstein, one of the best personal injury attorneys in Los Angeles, CA, has over 25 years of experience securing fair and just outcomes in personal injury and wrongful death cases.
Reach us at (213) 583-5786 or fill out the form on our website to schedule a free consultation with a Los Angeles personal injury attorney. This consultation will allow us to determine how we can secure the best possible outcome for your case.