Where should I file my auto accident injury claim and why? 24 Answers as of June 08, 2015

I was traveling on a highway when I was involved in an accident with an 18 wheeler. I currently live in one state and the other driver involved is from another. Which state would I have to pursue my claim in? Thank you.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Robinette Legal Group, PLLC
Robinette Legal Group, PLLC | Jeffery Robinette
Pursue your claim in the state in which the accident occurred. Find a National Board Certified trial attorney with a Super Lawyer rating in that state who specializes in accident injury law.
Answer Applies to: West Virginia
Replied: 6/8/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
An accident case must be filed in the jurisdiction (state, county or country) where the accident happened (except for airplane crashes which have a specific law to control).
Answer Applies to: Michigan
Replied: 6/5/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Nearly always the state where the accident occurred.
Answer Applies to: Wisconsin
Replied: 6/5/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
In Michigan, tort venue is proper where the injury is first incurred. If the accident happened in Michigan, that?s your answer. If not, it depends upon other factors, including where the accident occurred, what laws apply there, etc. It would have to be discussed, as multiple factors could weigh into the determination.
Answer Applies to: Michigan
Replied: 6/5/2015
Stephens Gourley & Bywater | David A. Stephens
You can pursue it from the state where the accident happened or where the driver resides or where the truck was licensed.
Answer Applies to: Nevada
Replied: 6/5/2015
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    The state where the accident happened.
    Answer Applies to: Alabama
    Replied: 6/4/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    you should use legal counsel. But you should file the complaint in the state where the accident occurred
    Answer Applies to: Connecticut
    Replied: 6/4/2015
    Gates' Law, PLLC | Thomas E. Gates
    Turn the matter over to your insurance company.
    Answer Applies to: Washington
    Replied: 6/4/2015
    Gregory S. Shurman, LLC
    Gregory S. Shurman, LLC | Gregory S Shurman
    If you need to sue the case, it is usually in the state where the collision occurred.
    Answer Applies to: Georgia
    Replied: 6/4/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    This is a "choice of laws" or "conflict of laws" question that will need to be answered by you having a consultation with a lawyer where you live that handles these type of cases. A # of factors go into which is the "right" forum in which to make your claim. It may be the location of the crash, or it may be where the defendant does business or is incorporated or where they have their main office. Sometimes it can be where you live or work. Sometimes you will have some or all of these choices and the question will be which jurisdiction is most "favorable" in relation to ease of travel for the parties and witnesses, or may have the "better" judges or juries, etc. It's also likely you could go to Federal Court, depending on whether it's jurisdictional requirements are met, which they may be, in part, by you and the defendant being from different states. So go see a lawyer with this question.
    Answer Applies to: Michigan
    Replied: 6/4/2015
    Jules D'Alessandro | Jules D'Alessandro
    Accidents with 18 Wheelers are extremely difficult to Handle. In fact many personal injury lawyers who try to handle them like typical auto accidents are not handling them correctly. Trucking accident require specialized knowledge And ability to deal with large trucking companies. This is absolutely not a case that you can handle yourself if you Want to get fully compensated.
    Answer Applies to: Rhode Island
    Replied: 6/4/2015
    Pettit Kohn Ingrassia Lutz
    Pettit Kohn Ingrassia Lutz | David Halm
    The answer as to where to file your lawsuit depends on state civil procedure and court rules. In California, the lawsuit is usually filed in the county where the injury occurred or where defendants or most of them reside. Your lawsuit should also include the owner of the vehicle as well as any other company such as the driver's employer who was involved with the vehicle or business regarding the vehicle's service. There are other issues such as personal jurisdiction which is whether a court has power to require defendants in another state to appear and answer in the court where the lawsuit is filed. You should immediately contact an attorney to discuss your case and determine where you should file your lawsuit if you choose to do so.
    Answer Applies to: California
    Replied: 6/4/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The state in which the accident occurred. And don't even think of doing this without a lawyer.
    Answer Applies to: New York
    Replied: 6/4/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    You generally file the claim where the incident occurred . You can also file where the other driver or its company resides.
    Answer Applies to: California
    Replied: 6/4/2015
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The state in which the accident occurred under the legal axiom of lex loci delecti.
    Answer Applies to: Florida
    Replied: 6/4/2015
    Law Offices of Laura Lanzisera, LLC
    Law Offices of Laura Lanzisera, LLC | Laura Lanzisera
    The state where the injury occurred
    Answer Applies to: Georgia
    Replied: 6/4/2015
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    You file in the state the crash occurred.
    Answer Applies to: Oregon
    Replied: 6/4/2015
    Jefferson and Biggs | Matthew Jefferson
    Retain a lawyer to help you with this. It is complex and most people will get screwed by the insurance company if they try and do it alone.
    Answer Applies to: Utah
    Replied: 6/4/2015
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney