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Personal Injury Claims When Injured Out-of-State

June 18, 2019

Well, Arizonans, we knew the perfect weather could not last forever. Summer is here, and with it, extreme heat. Understandably, some of you will opt for road trips, flights, or “staycations,” somewhere with cooler climates. Of course, there are those from out-of-state that will still visit our great state of Arizona for the beautiful landscapes and maybe even a weekend of golf with the cheap summer rates Arizona has to offer.

However, what happens when you leave home and find yourself having to handle an unexpected car crash that caused you or a loved one serious injury while on vacation in another state? Handling a personal injury can be a difficult and confusing enough process at home, but traveling can present additional challenges and obstacles to a personal injury claim. But don’t worry! Torgenson law is here to break down what to do if you have been injured while traveling out of state.

One question that may come to mind is: If you are hurt in another state due to the negligence of another, where would you file your potential lawsuit? This question is one of personal jurisdiction. This refers to a specific court’s ability to exercise power over a particular party (the Defendant). In the personal injury context, there are generally two jurisdictions that have the power to hear a given claim.

  1. The Defendant’s Home State: The state where the Defendant lives will always have jurisdiction over that individual. For example, an Arizona court will always have jurisdiction over an Arizona resident. So, even if you are motor vehicle collision in New York, if the adverse party resides in Arizona, you can bring file your lawsuit in Arizona.
  2. The Injury Location: Typically, the state where the injury-causing incident occurred will have jurisdiction to over the defendant. So, if a Texas resident hits an Arizona resident while both are traveling across New Mexico, New Mexico will generally have jurisdiction. This makes since because the state of New Mexico has an interest in enforcing its laws on not only its residents but also its visitors.

Ultimately, there are a number of other circumstances that can complicate the question of personal jurisdiction in any given injury claim. For these reasons, your best bet is to hire an experienced law firm to handle your case that know the ins and outs of substantive and procedural personal injury law like Torgenson Law.

As Arizona Injury Lawyers, we, at Torgenson Law, are more than happy to review your case to determine your best options for achieving resolution on your personal injury claim. In addition, we have years of experience fighting insurance companies, even those that insure corporations or individuals from other states. If you or a loved one is injured while traveling this summer, do not hesitate to call us at (602) 726-0747 for a free case review.

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