Car accident cases are typically settled out of court, rarely going to trial. However, if your case does go to trial, you might have to go back to the state in which the accident happened to participate in the court case.
You may need to return for depositions, trial testimonies, or independent medical exams at the request of the at-fault party’s legal or insurance representatives.
With experienced legal representation, you might be able to handle the legal process from your home state. A Metairie car accident lawyer can help you manage the various aspects of your claim without needing to make repeated—and costly—trips to the accident state. You can get a free car accident review at most law firms to help you choose the best lawyer for your injury claim.
How do You Know Which State Has Jurisdiction Over Your Car Accident Case?
Typically, the laws of the state where the auto accident occurred will govern its legal and insurance aftermath. Hiring a Metairie personal injury lawyer in the accident state might help streamline your claim.
Car accident laws that can vary from state to state can include:
- No-fault laws
- Statutes of limitations
- Contributory negligence
- Damage caps
- Accident reporting
- Bad faith insurance practices
A local car accident attorney can clarify personal injury laws and help you meet the legal parameters of that state. They can also describe personal injury protection (PIP) laws and how they may affect your immediate and future expenses and losses.
Report the Out-of-State Accident to Local Police and Your Insurance Company
As you would in your home state, report the accident to local police and obtain an official accident report. This is a critical part of the evidence collection that may help prove your right to a financial recovery. Each state has laws that say when a police report is mandatory, but we recommend filing one no matter how minor the accident seems.
You should also report your accident to your insurance provider. This might be a mandatory part of your policy guideline, even if the accident was not your fault. If a personal injury attorney represents you, they can handle these tasks for you.
Even if you think the accident might be entirely or partially your fault, we recommend you contact an attorney regardless, to confirm all the facts and details of your accident in order to assess if you have a viable claim.
Poolson | Oden Injury Lawyers have handled cases rejected by other large law firms because the accident report incorrectly placed fault on the incorrect driver, and our car accident attorneys were able to secure great results for our clients after filing necessary lawsuits and performing detailed discovery and depositions.
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Explore the Boundaries of the Accident State’s Statute of Limitations
The statute of limitations is the amount of time each state gives you to file a personal injury lawsuit against the at-fault party. For example, in Louisiana, you generally have two years to file your lawsuit, according to L.A. Civ. Code § 3493.1.
Your attorney will clarify the statute of limitations in the accident state and any potential fluctuations. They will also file your lawsuit within the allotted time and protect you from the costly consequences of filing your lawsuit too late.
Document Your Recoverable Economic and Non-Economic Damages
The financial consequences of a car accident can include economic (tangible) damages that you can track and document with bills and receipts. It can also include non-economic (intangible) damages, which you may also be able to prove with tangible evidence.
Your compensation request may include the following economic and non-economic damages:
- Current and future medical bills
- Rehabilitation and therapy bills
- Current and future loss of income
- Loss of future earning potential
- Property damage or destruction
- Disabling or disfiguring injuries
- Physical pain and suffering
- Mental and emotional anguish
In addition to assessing your damages, a lawyer can help you document their monetary value. They can also help you understand damage caps, if applicable, and their impact on your claim assessment.
Pursuing Wrongful Death Damages for an Out-of-State Car Accident Fatality
Losing a loved one in a negligence-based accident could entitle your family to a range of wrongful death damages, including:
- Final arrangement expenses
- Loss of financial contributions
- Loss of domestic contributions
- Loss of consortium and care
- Loss of companionship
- Loss of guidance
State laws also define who can file a wrongful death claim and which family members can receive compensation. Your Metairie wrongful death lawyer can clarify how the accident state’s laws affect your family’s claim.
A Car Accident Lawyer Can Help You Resolve Your Case With a Settlement
Your traffic accident claim is far more likely to be settled out of court than with a jury trial. However, it is possible and you might have to return to the accident state to attend the trial.
To steer your claim toward a settlement, your lawyer will gather evidence of the following elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
Proof of these components of negligence can allow you to hold the at-fault driver financially liable for their actions. Your legal team will aim to prove them with a strong evidence collection.
How to Obtain and Preserve Evidence for an Out-of-State Car Accident
A compelling evidence collection is key to an effective injury claim after a serious accident. You can collect some evidence at the accident scene. Your lawyer can help you collect other evidence later, such as:
- First responder reports: Depending on where the accident happened, police and emergency medical reports could be state-, region-, or county-generated. A local attorney can obtain these reports for you.
- Medical records and bills: These important documents will establish the cause of your injuries, their severity, and your known and anticipated medical treatment costs.
- Statements: These may include statements from eyewitnesses, medical experts, economists, and accident reconstruction professionals.
Evidence like employment records that prove your income losses can support the value of your injury claim. These and other forms of evidence will come from your home state, but your lawyer may be able to obtain them online.
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Our Attorneys Can Help With Your Out-of-State Car Accident Claim
If you were injured in an out-of-state car accident, you could be entitled to financial compensation. Most claims are resolved out of court with a settlement agreement. If your case goes to trial, you may have to go back to the state where the accident happened.
Find out how hard our car accident lawyers, who are licensed in multiple states including Louisiana, Mississippi, and Texas will fight to negotiate a settlement on your behalf.
Contact our consultation team at Poolson | Oden Injury Lawyers to get started today.