What to do if while driving in one state, a resident of another state struck me?

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What to do if while driving in one state, a resident of another state struck me?

I am a resident of a third state. I suffered $100,000 in medical expenses and automobile damages. If I serve the proper papers on the at-fault driver where can I properly file my lawsuit and obtain jurisdiction?

Asked on June 5, 2013 under Accident Law, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are the plaintiff.  The at-fault party is the defendant. 

A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the claim arose.  You can file your lawsuit in any of those three states; however, for convenience purposes such as filing papers with the court and court appearances, it would be advisable to file the lawsuit in the state in which you reside.


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