As the holiday season approaches, many people will be traveling out of state to visit friends and loved ones. The influx of travelers often results in an increased risk of an accident. While all accidents can cause serious injuries and damages, Maine drivers who suffer injuries in an out-of-state accident may face additional challenges.
Recovering damages after these types of accidents can be difficult because of the complex interplay between state and federal laws. Generally, those who wish to pursue a personal injury lawsuit must establish that a particular court has “jurisdiction” over the parties or claim. In most cases, the law requires plaintiffs to file the claim in the state where the accident occurred. However, depending on the unique facts and circumstances of a car, the injury victim may be able to file a claim in their state or where the at-fault driver resides.
Choosing the appropriate venue is critical to the success of a personal injury claim. While many prefer to file a claim in their home state, this may not be possible if the accident occurs in another state. However, there are exceptions, such as when the at-fault driver resides in the same state as the plaintiff. In other situations, the plaintiff may choose to file the claim in federal court. This option is only available if the parties meet the jurisdictional requirements of the statute.
Federal accident cases are available in cases where the injury victim and at-fault driver reside in different states, and the accident resulted in at least $75,000 in damages. Under certain situations, a federal case may be appropriate if the claim deals with constitutional rights or federal statutes.
Recently, local news reports described a situation where a Maine resident and her children suffered fatal injuries in an out-of-state accident. The mother and two of her children were part of a multi-vehicle accident in Virginia. The woman was in a Honda when she lost control and slammed into an SUV. The Honda continued and slammed into a guardrail and re-entered the highway, and slammed into the Toyota for a second time. A tractor-trailer then slammed into the woman’s car. The driver, her 4-year-old daughter, and her 6-year-old daughter died at the scene of the accident. Two other children in the vehicle were transported to a hospital for treatment.
Have You Suffered Injuries in a Maine Car Accident
If you or someone you love has suffered injuries in a Maine car accident, contact the injury lawyers at Peter Thomspon & Associates for assistance. The accident attorneys on our team have extensive experience handling complex personal injury lawsuits. We have a firm understanding of how various statutory and evidentiary rules that play into the litigation and resolution of accident claims. Our office handles Maine injury cases stemming from motor vehicle accidents, dangerous and unsafe drugs, premises liability, medical malpractice, and nursing home negligence. We have routinely recover significant sums of compensation for our clients and their loved ones. Contact our office at 800- 804-2004 to schedule a free initial consultation with an attorney on our team.