Summer is in full swing, and that means more and more people will be heading out for day trips, weekend getaways, and family vacations. While nobody really likes to consider the possibility of a car wreck while they're on vacation, accidents can and do happen. 

If you're injured in a car wreck by a negligent driver when you're in a different state, do you know what to do to pursue your personal injury claim?

Figuring Out Which State Has Control Over Your Case Is the Hard Part

The good news is that the vast majority of car accident cases are settled through insurance claims. You're more likely to end up in lengthy negotiations with the liable party's insurance company and eventually come to an agreement about what's fair than you are to file a lawsuit and take it to court.

The bad news is that you have no real way of knowing if you're going to be one of those cases that doesn't settle. If that happens, you have to be ready to proceed with your lawsuit. Then, the question becomes, "Which state has personal jurisdiction in my case?"

"Personal jurisdiction" refers to the right of a court to make and enforce its ruling over the defendant in a case. Without personal jurisdiction, any ruling the court made would be powerless.

How a State Gets Personal Jurisdiction in a Car Accident Case

For all practical purposes, a car wreck lawsuit would fall under the jurisdiction of the courts:

• In the state where the accident occurred
• In the state where the defendant lives or has their place of business
• In the state where the defendant consents to have the case heard

For example, if you're visiting a certain state on vacation and you're hit by a distracted driver, and you and the other driver (who is also visiting that state on vacation) are each from different states, jurisdiction can get tricky. You could hope that the other driver would consent to have the case heard in your home state, but you'll most likely have to file your claim either in the state you were visiting (where the accident happened) or the state where the defendant lives.

These kinds of situations can get very complicated, very fast. Personal injury representation is essential when you're trying to negotiate a settlement after an out-of-state wreck because it's the best way to resolve the dispute without litigation. If litigation does become necessary, having an advocate in your corner can keep you from getting lost in the legal process.

For more information, contact a personal injury attorney.  

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