Baton Rouge, LA – It is common for people to be involved in a car accident that does not take place in their state of residence. This is especially true if someone lives near the border of another state, or travels often for work. An out of state accident brings up some important issues that should be addressed with legal help.

The proper venue for a lawsuit

As a general rule of civil procedure, an accident lawsuit should be filed either where the accident took place or where the defendant lives. If the defendant is a business, their residence is replaced with their primary place of business. In most cases, it will be more convenient for the accident victim to bring the lawsuit where the crash actually happened, unless the defendant happens to reside in their home state. Another relevant issue is that the laws of the state where the accident actually happened are almost always applied to decide the outcome of the case. This can cause significant differences in outcomes and compensation based on the state’s negligence laws. 

There are some rare issues involving personal jurisdiction over defendants that can become complex. It is always best to get legal advice to make the right decision regarding venue and related problems. 

The services of an injury attorney

The person bringing the lawsuit should make sure that their injury lawyer is licensed to practice in the  state where the case will actually be filed and all of the court procedures will take place. For example, a lawyer who is licensed in Louisiana but not Texas has no authority to file or litigate a case there. This is true for every lawyer and every state. The attorney must be licensed in each jurisdiction where they plan to work. Some lawyers have gained a license in multiple states where they will often handle cases for this reason.

Insurance issues

Because car insurance is attached to the driver and their vehicles and not a location, anyone involved in a collision can always contact their insurance company regardless of where the crash took place. As a general matter, the insurance process should proceed the same way for the claimant, even if they were out of state when the crash happened. Any procedures that will change should be handled internally by the insurance company, which means that the person bringing the claim will not notice any differences. 

Accident lawyers in Baton Rouge

Anyone who needs assistance with these issues or other problems related to a car crash can get help from experienced lawyers in Louisiana. Miller, Hampton, and Hilgendorf are able to represent local clients. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806


0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *