You plan your vacation for weeks, even months, in advance. You decide how you will get where you are going, what you will see once you get there and you budget for your travels. What few people plan on is being involved in an accident while they are on holiday.
No matter why you are visiting Miami, there is always the possibility of being involved in a collision. What you need to know is that there are options if you are involved in a car accident in our city. If you are reading this article, an accident may have already occurred or you may simply be preparing yourself in the case that it happens. Either way, here is what you need to know.
There are specific steps you should take no matter where your car accident occurs. If you are involved in a collision:
You may file a personal injury lawsuit in Florida even though you don’t live here. In order to sue the person that is responsible for your injuries, you need to file in the state that has jurisdiction over that person.
What if the person was also a visitor to Miami? The same rule applies. Because your accident occurred in the city, the county or state has jurisdiction over the defendant. That means that they don’t have to be from Miami and neither do you.
If your accident occurred in Miami, contact a local personal injury attorney. An attorney from Steinger, Iscoe & Greene can assist you in filing the correct paperwork and help you with the logistics of appearing in court even though you may live out of state.
In some instances, you may be able to file a personal injury case in your own state following an accident in Miami. This doesn’t occur often, but it is a possibility to be aware of. You may be able to file a lawsuit in your home state if the defendant in your accident also has minimum contacts in that state. Minimum contacts include:
It is certainly true that it would be easier to file a lawsuit in your home state, but it doesn’t happen often. Even if you are able to do so, you may want to speak to an attorney before you file. In some instances, it is only a convenience factor, and you would be better off being inconvenienced and filing suit in Florida. Every case is unique, and each potential plaintiff should speak with an attorney regarding all of their options.
Once you determine which state you will file your lawsuit in, you’ll need to determine whether your case should be filed at the state or federal level. You will file a federal lawsuit if:
Most federal cases can also be filed in state court. This is another question you should have for your attorney. The legal representative you hire will be able to tell you where it is more appropriate to file your lawsuit.
If you have been in a car accident in Miami, reach out to our experienced personal injury attorneys for assistance. We are happy to offer you a free case evaluation and help you determine your best course of action. Call us today for more information about how we can assist you.