During summer months, Southern Florida sees an influx of vacationers and travelers from other parts of our nation and from all across the world. Since Florida residents are not the only ones who suffer injuries in the Sunshine State, it makes sense that some people will be filing an out-of-state personal injury claim to recover damages.
Do you have a legal right to file a personal injury claim and recover compensation if you are not a resident of Florida but were injured in Miramar, Cooper City, Pembroke Pines or any other city in the state?
Do you have a right to file a claim if you live in another state?
“You do, but there are certain challenges you should be aware of,” warns our Miramar personal injury attorney from the Law Offices of Bradley Hartman.
If you were in a car accident, motorcycle accident, truck accident, slip, and fall accident, or any other accident in Florida and suffered injuries, but you live out-of-state, you have a right to file a personal injury claim in Florida.
However, if you choose to return to your home state or country after submitting a claim in Florida, you may have to make unnecessary trips to come back to Florida and handle various aspects of your case as it progresses over time.
Why do I have to return to Florida after filing a personal injury claim?
Our experienced personal injury attorney in Miramar warns that whether or not you will have to return to Florida to handle your claim if you live in another state depends on various factors.
First of all, in most cases, personal injury claims are settled between the injured party and the liable party to avoid going to court. Some of these cases are settled shortly after the accident, while others may take weeks or even months to settle.
And then, of course, there are some personal injury accidents which cannot be resolved through a settlement and the parties involved have to go to court to resolve it. Some of these personal injury lawsuits lead to a settlement shortly after the filing, while others may go all the way to a jury trial, which can take months or even years to reach a verdict.
Depending on the progress made in your particular case, you might need to come back to Florida if you live out-of-state multiple times to reach a settlement, negotiate a settlement, hire a Miramar personal injury attorney, or to face depositions, provide your testimony, and participate in the trial.
Should you file a personal injury claim in Florida or your home state?
If you want to avoid unnecessary trips to Florida to reach a settlement or verdict in your personal injury claim, you will have to consult with a lawyer and come up with the best legal strategy in your particular case.
Believe it or not, you cannot file a personal injury lawsuit in your home state if the injury occurred in Florida unless both you and the defendant have “a significant relationship” with your home state. In most cases, the “significant relationship” means that the two parties, who were injured while visiting Florida, have to live in the same state.
Should you file with the state or federal court?
If you are not a resident of Florida, you do not live in the Sunshine State, but were injured in Miramar, Cooper City, Pembroke Pines or elsewhere in Florida, you will have two options to bring an out-of-state personal injury lawsuit: through a state or federal court.
Generally, filing a lawsuit with a federal court makes more sense if you and the defendant are from a different state and your case involves more than $75,000 in damages. Otherwise, you will not be able to sue the responsible party through a federal court and will have to go to a state court.
Let our best personal injury lawyers in Florida help you navigate federal and state laws in Florida and elsewhere across the nation. Contact the Law Offices of Bradley Hartman to get a free consultation. Call our offices at 954-438-1000 or complete this contact form today.