Out-of-state car accident claims can be complicated. You can choose whether you will use a lawyer in your home state or the vacation state to handle your vacation car accident case.
lawyer in the vacation state will be familiar with state and local laws that may benefit your claim. However, you might be more familiar and comfortable with a lawyer in your home state. The best situation is having both a local lawyer in your home state and a lawyer in the vacation state to team up and work on your case together.
If you were injured in a car accident while vacationing in another state, that state’s laws will govern your personal injury claim, so it may benefit you to choose a lawyer in that state.
A local law firm will review your injury claim for free, and most Metairie car accident lawyers will represent you on a contingency fee basis, meaning you will not have to come out of pocket to pay your lawyer during the case, and your lawyer gets paid only if your lawyer makes a recovery for you.
The Benefits of Hiring a Car Accident Attorney in the Vacation State
Personal injury laws can differ greatly from state to state, so choosing a lawyer who understands the laws of the state where the accident occurred could help streamline the process. When you trust your car accident claim to a local personal injury law firm, they can:
- Clarify the laws of the vacation state and how they apply to your claim
- Define your rights and the at-fault party’s legal and financial liability
- Deal with the insurance company, including verbal and written communication
- Manage all case-related paperwork, such as claim forms, local court filings, official reports, etc.
- Collect evidence from the accident scene, local law enforcement, and the local medical professionals who treated your accident injuries
Your personal injury attorney can also keep you updated on your claim’s status while you recuperate at home. Not only does their involvement allow you to focus on your recovery, but it can also help you avoid multiple trips back to the vacation state.
You Could Get Legal Support at No Upfront Cost
No one should go without legal service and support out of concern for its costs. A local law firm will accept your claim on contingency and cover the upfront costs of:
- Collecting evidence
- Consulting experts
- Discovery sessions
- Court filing costs
- Investigation costs
You will only compensate your car accident attorney after they recover damages for you. Their legal representation is risk-free since you will owe no fees if you do not receive a financial award.
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File Your Car Accident Lawsuit Within the Vacation State’s Statute of Limitations
Statutes of limitations (lawsuit filing deadlines) can vary significantly from state to state. In Louisiana, for example, you could have as little as two years to file your lawsuit, according to L.A. Civ. Code § 3493.1.
Even if you use an out-of-state attorney, you must meet the appropriate statute of limitations for the accident location. A Metairie personal injury lawyer will understand this law and the importance of acting quickly on your claim. They will also understand any factors that could extend the filing deadline and file your lawsuit accordingly.
What Damages Can You Seek After an Auto Accident on Vacation?
Your financial recovery for a car accident will be uniquely based on your individual expenses and losses. Choose a lawyer who can help you get the top dollar the law allows for your case, including the following recoverable economic and non-economic damages:
- Accident-related medical bills
- Accident-related income loss
- Property damage or total loss
- Physical pain and suffering
- Mental and emotional trauma
- Loss of enjoyment of life
- Wrongful death damages, if applicable
Your lawyer can collect bills, receipts, and estimates to validate your economic damage request. They can also collect tangible evidence that supports your non-economic damages request and fight for a fair settlement on your behalf.
An Attorney in the Vacation State Can Collect and Preserve Evidence
Evidence is a crucial part of your car accident claim. The at-fault driver’s auto insurance company will demand proof of its policyholder’s negligence before offering a settlement.
Your evidence collection must prove the legal elements of negligence, including:
- Duty of care: Each driver’s obligation to drive safely and with regard for others
- Breach of duty: The at-fault driver’s action that violated their legal obligation
- Causation: The cause-and-effect of the liable party’s action and your accident
- Damages: The economic and non-economic consequences of the accident
A local attorney can gather evidence that proves the accident’s causes, contributing factors, and costs.
Evidence that Can Prove the At-Fault Driver’s Negligence
Your legal team will collect evidence at the scene (when possible) and in the accident’s aftermath that can include:
- Police report, including diagrams, narratives, key contact details, etc.
- Medical records, including treatment protocol, rehab, and therapy
- Witness statements from laypersons and medical and financial experts
- Photos and video of the accident scene, both vehicles, your injuries, etc.
A strong evidence collection could help steer your case toward a settlement versus a potentially lengthy trial.
Evidence that Can Prove the Accident’s Financial Consequences
Your case file must also include proof of the vehicle accident’s costs. This portion of your evidence collection may include:
- Medical bills for the full range of care your injuries require
- Written prognosis describing the potential cost of future medical care
- Bills and estimates for repairing or replacing your vehicle
- Proof of income describing the value of your lost wages
Some evidence will come from multiple states, such as medical bills for emergency and follow-up care. Some will come from the vacation state, such as first responder reports, etc. Your lawyer will handle evidence collection for you, build a case file, and present it to the insurance company on your behalf.
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Our Attorneys Can Help With Your Out-of-State Car Accident Claim
If you or a loved one was injured in an out-of-state car accident, you could be entitled to financial compensation. You must decide whether to use a lawyer in your home state or the vacation state to handle your vacation car accident claim.
An experienced car accident attorney from our personal injury law firm can help you pursue compensation with a strong legal team and a solid case file. Contact our consultation team at Poolson | Oden Injury Lawyers to learn more.