Car accidents happen somewhat frequently, and they do not always happen where it is convenient. You might have been injured in an accident in Georgia while visiting, but you live in another state. This can make getting financial compensation from the negligent driver challenging, but not impossible. Your first step should be to get an experienced lawyer to help you.
Your attorney should help you decide where to file your case. You will likely end up filing the case in Georgia, as that is where the accident occurred. However, you might instead file the case in the defendant’s home state if it is not Georgia. While you might not have to return to Georgia immediately, you will likely have to come back for the trial and possible some pretrial hearings, depending on the circumstances. If you file an insurance claim for the accident, you will likely need a police report from the Georgia authorities, which your attorney can help you obtain.
Receive a free, confidential case analysis from our Georgia personal injury lawyers by calling Rice Law at (470) 287-3070.
How to Sue a Driver in Georgia if You Live in Another State
If you are injured in one state but live in another, you may take legal action against the person who caused your injuries. However, doing so might be more complex than usual, as the case must cross state lines. You should hire an attorney to help you as soon as possible.
Determining Jurisdiction
First, we should determine which state has jurisdiction over your case. Generally, you may file the case based on where the accident happened, where the defendant lives, or where you live.
Our Georgia car accident lawyers will most likely file your case in Georgia, as that is where the car accident occurred. Even though you do not live in Georgia, there is a good chance that the defendant does, giving us even more of a reason to file your case in that state.
However, suing in your home state may be possible, but unlikely. Since you obviously live in your home state, a civil court there may have jurisdiction over you but not the defendant. To file in your home state, the defendant would have to waive jurisdiction. This is not a likely scenario, but it is worth discussing with an attorney.
It is also possible to file the case in federal court under diversity jurisdiction. This may arise when each defendant in a case is from a different state. This tends to come up in particularly complex cases, and your attorney can help you determine if this is something for you.
Hiring a Lawyer
Where you file your case will determine where you hire your attorney. Wherever you file the case, you need a lawyer who is licensed to practice law in that state. Since there is a very strong chance that you will file the car accident case in Georgia, where the accident occurred, you likely need a Georgia lawyer.
A lawyer in Georgia should have the skills and experience to apply Georgia law to the facts of your case. They should also be equipped to navigate complex court procedures in a Georgia courtroom.
Filing the Case
As mentioned before, we must file the case in the right court, likely a Georgia court. There are many civil courts throughout Georgia, and we need to make sure we file with the right one. Since a car accident case is a civil issue, we will have to file the case with the Superior Court.
There are multiple Superior Courts throughout Georgia, and the county where your car accident occurred will determine which court we file your case in. For example, if your accident happened in Fulton County, we would file the case with the Superior Court in District 5, specifically in Atlanta.
Do I Have to Return to Georgia for a Car Accident Case?
A major concern among injured drivers is whether they have to come back to Georgia. While you will likely have to return at some point, you are probably fine to return home after receiving medical care and hiring a Georgia lawyer to assist you.
Your attorney may be able to handle many legal hearings and proceedings without you, but you might have to return to Georgia for the trial.
Even if you do not return to Georgia until the trial, you might still have to communicate with the defendant’s attorneys. Depositions and interrogatories are normal parts of the civil justice process, and you might have to have numerous calls with other attorneys leading up to the trial.
When Can I Return to My Home State After a Car Accident in Georgia?
You are not legally required to remain in Georgia after a car accident, although you might have a few good reasons to do so. You might need to wait until you have a replacement vehicle or a loaner car before you can leave. In the meantime, you should consult with a Georgia attorney about your situation.
Seek medical treatment immediately before returning home. Depending on how far away you live, traveling while injured might not be safe. Before you leave, ask your attorney if there is anything else you need to do. On your attorney’s advice, you are likely able to return home without complicating your case.
You should also talk to your attorney about when you may have to return to Georgia. While the trial likely cannot happen without your presence, there might be other hearings or proceedings that require your presence. Talk to your lawyer so you can coordinate your schedule with theirs and make whatever travel plans are necessary.
Get Help Today From Our Georgia Car Accident Attorneys
Receive a free, confidential case analysis from our Georgia car accident lawyers by calling Rice Law at (470) 287-3070.