If you’re involved in a personal injury accident, you want to handle the case in the best way possible. One of the questions that you might have is whether you should use a lawyer that’s close by or if it’s okay to use a lawyer in another state.
Your accident may have occurred near your home, or it may have happened in another state. You may be wondering if you can hire a personal injury attorney from another state or if you have to use an injury attorney where you live. The answer depends on the specifics of your case.
Can I Hire a Personal Injury Attorney From Another State?
The general rule is that you should hire an attorney that practices law in the place where your case is going to be heard. If your accident occurs in Nevada, you should work with an attorney that practices law in Nevada.
If your accident occurs in another state, you should work with a lawyer that works in that state. Of course, there are some exceptions, so it’s important to think about all of the relevant factors when you’re deciding what lawyer to work with on your case.
An Attorney Must Be Licensed to Practice Law in the State Where You Bring Your Claim
Accident cases almost always fall under state law. Some rules governing where you can file your case. The court must have what’s called jurisdiction over the case. The court must be the right kind of court in the right place to have the power to hear your case. You typically file your claim in the state where the accident occurs. That’s not always the case, but usually, the right court to hear the case is the court in the physical location where you got hurt.
To file a claim on your behalf, your attorney must be licensed to practice law in the state where you want to bring your case. Each state makes their own rules for who can practice law in the state. A lawyer needs a license from the state to practice law in that state. Most lawyers are licensed in one state, but a few attorneys are licensed in two or more states. Only licensed attorneys can file legal documents on behalf of someone else in a state court. You must have an attorney that’s licensed in the state where you’re going to file your claim.
In an Accident Case, You May Not Need to Bring a Claim to Court Formally
Not all cases require filing a formal claim in a court. Especially in car accident cases, it’s somewhat common for cases to resolve through negotiations with the insurance company before a formal claim ever gets filed. In limited circumstances, you may be able to resolve your case with an attorney from outside the local area. They may be able to help when you can resolve your claim through direct negotiations with the insurance company.
Nevada and many neighboring states have mandatory insurance minimums for all drivers. If the other driver has enough insurance, you may be able to work things out without needing to file a formal legal case. If you’re unable to resolve your case through direct negotiations with the insurance company, it may be time to find a local lawyer to bring your claim.
When a Business Is Involved, You Might Have Options for Where to Bring Your Claim
You might have a case that you can file in more than one court. When there’s a business involved, you may be able to assert your claim in the place where the accident occurs or in the area where the company has their primary location.
There may be pros and cons to filing your case in one place or another place. It can be a strategic decision where you decide to file your claim. It’s important to work with an experienced attorney to determine where you can submit your claim and where you should file your claim.
Consider the Costs Involved When You Work With an Attorney That’s Far Away
There are practical reasons that it may be best to work with an attorney near where the accident occurred. A great deal of your claim involves gathering evidence. Your attorney may need to return to the accident scene, meet with local witnesses, and travel to court.
By working with a local attorney, you save on travel costs for your attorney. Your attorney has fast access to the evidence and the court. If you meet with the other party to negotiate the case, your attorney doesn’t have far to travel. Having an attorney near where your accident occurs can be convenient, and it can ultimately save you time and money.
Consider the Benefits of Working With a Local Attorney
There are also practical reasons to work with a local attorney. For example, a local attorney has probably appeared in the court that your case will be in. They’ve likely had cases in front of that judge. A local attorney has a wealth of experience that can work to your advantage when it comes to strategically preparing your case.
Your Case Is Governed by the Laws Where the Accident Occurred
Another critical question when you’re deciding whether to work with a local attorney is what laws govern your case. Usually, if an accident occurs in the State of Nevada, it’s Nevada law that applies to the case. It’s important to work with an attorney that understands the body of law that applies to your case and that can apply the law to your case.
Should I Work With a Las Vegas Attorney in My Injury Case?
If you’re hurt in a personal injury accident, we invite you to meet with our experienced Nevada personal injury attorneys. We can answer your questions and help you build your case. Our goal is to make sure that you have the best representation possible. Contact us today for a complimentary discussion of your case.