QUESTION
Where should I file my auto accident injury claim and why?
Asked on Jun 04th, 2015 on Personal Injury - Georgia
More details to this question:
I was traveling on a highway when I was involved in an accident with an 18 wheeler. I currently live in one state and the other driver involved is from another. Which state would I have to pursue my claim in? Thank you.
19 ANSWERS
Pursue your claim in the state in which the accident occurred. Find a National Board Certified trial attorney with a Super Lawyer rating in that state who specializes in accident injury law.
Answered on Jun 08th, 2015 at 3:08 AM
Ronald A. Steinberg
An accident case must be filed in the jurisdiction (state, county or country) where the accident happened (except for airplane crashes which have a specific law to control).
Answered on Jun 05th, 2015 at 12:05 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Nearly always the state where the accident occurred.
Answered on Jun 05th, 2015 at 6:00 AM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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You don't. You make a claim with every applicable wrongdoer or it/his/her/their insurer(s) to the extent known. Any lawsuit would be filed in the County in which the collision occurred if in California. I'll have no comment on the law of any other State. Why isn't this handled through your insurance carrier at least in part?
Answered on Jun 04th, 2015 at 7:03 PM
Edwin K. Niles
Make your claim in the County and State where the incident occurred.
Answered on Jun 04th, 2015 at 4:59 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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File the claim in the state of the crash.
Answered on Jun 04th, 2015 at 4:38 PM
You question does not contain sufficient facts upon which to base a decision on venue. You should contact an experienced personal injury attorney for consultation.
Answered on Jun 04th, 2015 at 2:46 PM
James Eugene Hasser
It depends on what state you were in. Good luck.
Answered on Jun 04th, 2015 at 1:33 PM
Thomas Edward Gates
Turn the matter over to your insurance company.
Answered on Jun 04th, 2015 at 1:26 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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If you need to sue the case, it is usually in the state where the collision occurred.
Answered on Jun 04th, 2015 at 1:25 PM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
Accidents with 18 Wheelers are extremely difficult to Handle. In fact many personal injury lawyers who try to handle them like typical auto accidents are not handling them correctly. Trucking accident require specialized knowledge And ability to deal with large trucking companies. This is absolutely not a case that you can handle yourself if you Want to get fully compensated.
Answered on Jun 04th, 2015 at 1:07 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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This is a "choice of laws" or "conflict of laws" question that will need to be answered by you having a consultation with a lawyer where you live that handles these type of cases. A # of factors go into which is the "right" forum in which to make your claim. It may be the location of the crash, or it may be where the defendant does business or is incorporated or where they have their main office. Sometimes it can be where you live or work. Sometimes you will have some or all of these choices and the question will be which jurisdiction is most "favorable" in relation to ease of travel for the parties and witnesses, or may have the "better" judges or juries, etc. It's also likely you could go to Federal Court, depending on whether it's jurisdictional requirements are met, which they may be, in part, by you and the defendant being from different states. So go see a lawyer with this question.
Answered on Jun 04th, 2015 at 1:06 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The state in which the accident occurred. And don't even think of doing this without a lawyer.
Answered on Jun 04th, 2015 at 1:01 PM
Business Litigation Attorney serving Los Angeles, CA
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Quintairos, Prieto, Wood & Boyer, P.A.
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The answer as to where to file your lawsuit depends on state civil procedure and court rules. In California, the lawsuit is usually filed in the county where the injury occurred or where defendants or most of them reside. Your lawsuit should also include the owner of the vehicle as well as any other company such as the driver's employer who was involved with the vehicle or business regarding the vehicle's service. There are other issues such as personal jurisdiction which is whether a court has power to require defendants in another state to appear and answer in the court where the lawsuit is filed. You should immediately contact an attorney to discuss your case and determine where you should file your lawsuit if you choose to do so.
Answered on Jun 04th, 2015 at 1:00 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You generally file the claim where the incident occurred . You can also file where the other driver or its company resides.
Answered on Jun 04th, 2015 at 12:48 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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You file in the state the crash occurred.
Answered on Jun 04th, 2015 at 12:47 PM
Sex Crime Attorney serving Salt Lake City, UT
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Jefferson and Biggs
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Retain a lawyer to help you with this. It is complex and most people will get screwed by the insurance company if they try and do it alone.
Answered on Jun 04th, 2015 at 12:47 PM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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The state where the injury occurred
Answered on Jun 04th, 2015 at 12:46 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The state in which the accident occurred under the legal axiom of lex loci delecti.
Answered on Jun 04th, 2015 at 12:46 PM