Personal Injury Statement

Filing an Out-of-State Personal Injury Claim

Many people from other states or countries get involved in accidents while on vacation in Florida and decide to file a claim against those responsible for their injuries. If you were injured in a Florida accident but live out-of-state, you can file a claim in Florida. However, it is important to note that you may have to come back to Florida a few times to handle different aspects of your claim.

The attorneys at Coffey Trial Law will let you know your next steps for an out-of-state personal injury claim and help you avoid unnecessary trips.

Do I need to come back to Florida to file an out-of-state personal injury claim?

Maybe. The reality is that many claims are settled before the filing of a lawsuit. In other cases, the injured party’s attorney files a suit, but both parties settle shortly thereafter to avoid going to court. Some lawsuits, however, go all the way to a jury trial. We are trial lawyers and we will not settle for less than you deserve in significant injury and damage cases.

If you and the other party are unable to agree to a settlement, you may need to come back to Florida for a variety of events connected with your lawsuit. These trips may be inconvenient, but they are essential if you want to recover damages for your injuries. You may have to return for:

  • Depositions
  • Testimony
  • Medical examinations
  • Mediation (settlement)
  • Trial

How many trips you will need to make depends on the nature of your claim, the hearing, and the type of court appearance. Our attorneys will do our best to combine the events listed above to limit the number of trips you have to make back to Florida. Discuss your claim with us as soon as possible so that we can make plans to accommodate your schedule.

Where should I file suit?

Where you are able to bring the suit will impact the outcome of the case. To determine where you must file, you will use the significant relationship test. The significant relationship test determines which state has the most significant relationship to both parties. Generally, you will have two options:

  • File suit where the accident occurred:  If the accident occurred in Florida, this is likely where you will file, even if you are from another state. This is especially true if the defendant lives in Florida. This is because the state has a significant relationship to both parties as one lives here and it is also the state in which your accident occurred.  
  • File suit in your home state: You will only be able to file in your home state if both you and the defendant have a significant relationship with the state in question. For example, if you both live in Michigan but were visiting Florida when the accident occurred, you can file in Michigan.

Establishing a significant relationship can be difficult. Our team can help you determine where you can file.

Do I file with the state or federal court?

Once you have determined where to sue, you will have to decide whether to sue in state or federal court. You can file in federal court if you and the defendant are from different states and have at least $75,000 in damages. Federal courts will also hear your case if it involves a federal question. Our attorneys can help decide whether federal or state court is best for your claim.

Get help from Coffey Trial Law today.

Out-of-state personal injury claims can be difficult for plaintiffs who have to put their lives on hold to get the compensation they deserve. Unfortunately, many claims are dismissed for being filed in the wrong jurisdiction. The attorneys at Coffey Trial Law understand how complex jurisdiction issues are and will help you determine the best place for you to file suit. Our attorneys will ease your worries by building a case that will get you the maximum compensation possible.

Call 954-541-3194 to discuss your claim with one of our attorneys today.