As summer approaches, you and your family and friends may be getting ready to go on vacation. Vacationing can be all fun and games until someone in your group is injured. There are many questions that could arise about what to do and who is responsible based on the circumstances surrounding an injury. If you or a loved one were injured as a result of someone’s negligence, you have the right to file a lawsuit or at least file a claim with his or her insurance.
Filing a lawsuit when you are in an unfamiliar state or country can be complicated, especially if the other person involved is also vacationing or visiting. The most important thing to determine is personal jurisdiction over that other individual. Personal jurisdiction involves the people or businesses that are located in that state, as well as individuals who have traveled to that state (either for vacation of business). If you want to file a lawsuit against someone who was traveling to the state where you were injured, you are permitted to file that lawsuit in the state where they were traveling OR the state where they are from. This is because both states will have personal jurisdiction over him or her.
If the person who injured you is NOT from the state where you filed the lawsuit, he or she can attempt to have the case sent to federal court. The court will then comply with the substantive laws of the state where the case was filed, but they will follow their own regulations. This is only allowed if the damages from the injury exceed $75,000. This option is available to the defendant in order to avoid any prejudice he or she might potentially face as an out-of-state citizen that is being tried in a state court.
Getting injured in another state while on vacation can halt your plans, but it doesn’t mean you don’t have legal options. Premises liability cases can become complicated, but our attorneys at Castelblanco Law Group, APLC will be able to assist you through the process. Contact us today.