If you are injured in Georgia but live in a different state, you might be completely unsure how to handle it. To get compensation for your injuries, it is best to work with local attorneys who understand the legal system here.
Our team handles a wide range of personal injury cases and can help you file your claim in Georgia. Fortunately, our team can do most of the work on your case while you wait in the comfort of your own home. You will not need to worry about collecting evidence in Georgia or locating witnesses here. Most importantly, you will likely not need to return to Georgia to complete your claim. Most injury cases settle, so you will not need to be physically present unless we go to trial. If that happens, our attorneys will ensure that you are prepared.
Contact Rice, Murtha & Psoras at (470) 287-3070 for a free case assessment with our Albany, GA personal injury lawyers today.
How Should I Handle an Injury Claim if I Was Injured in Georgia but Live Out of State?
Getting into an accident is already a stressful ordeal, but getting into one in a different state is another matter entirely. If you were injured in Georgia but live outside of it, you will want a Georgia attorney to handle your claim. Our Alpharetta, GA personal injury lawyers understand the state’s legal system and how the courts here behave. Even if you have a good understanding of how claims work in your state, the rules in Georgia could be very different. The following will guide you on how to get compensation in Georgia for your injuries:
Filing Your Case in Georgia
All courts are designed to hear certain types of cases. Some courts only hear criminal prosecutions, while others focus solely on family issues. The area these courts cover is known as “jurisdiction.” The general rule is that a lawsuit needs to be filed in a court that has jurisdiction over the subject matter of the legal dispute. The proper court is also referred to in the law as the “venue.”
County courts in Georgia have personal jurisdiction over personal injury cases. This means that if you were injured in Georgia, you will usually need to file your claim in the court where the accident occurred. For instance, if you were in a car accident while visiting Atlanta, either the Fulton or DeKalb County Court would be the proper venue to file your claim. If you were injured in another part of Georgia, our lawyers can help you determine what court your case needs to be filed in.
Working with our attorneys is the best way to ensure that your lawsuit is filed in the right venue. Trying to do it from another state can be extremely time-consuming and expensive. A lawyer barred in a different state will likely not be familiar with the procedural rules in Georgia. If your claim is filed in the wrong venue or due process is not followed, the court will dismiss your lawsuit. Our lawyers in Georgia can use our knowledge of the local courts to ensure that does not happen.
Filing Your Case in Your State
Unfortunately, the rules discussed above typically prevent you from filing a claim in your home state for personal injuries that occurred in another. For one, your state’s courts will not have jurisdiction. In general, only Georgia courts have jurisdiction over Georgia accidents. Thus, if you filed a personal injury lawsuit in your state for an accident that happened in Georgia, the court will usually dismiss it. However, our team can help transfer your case to the proper venue in Georgia if you have already filed a claim at home.
The other problem with filing in your own state is it would violate due process. If you were injured in Georgia, it is very likely that a Georgia resident or business injured you. If so, it would be highly unfair to make them travel to a state where the accident did not occur and stand as a defendant where they do not reside.
Filing your case in federal court could be an option, but it is not likely. The same issues would arise, as the federal court would lack jurisdiction over the defendant and action. The federal court only hears personal injury claims under very strict guidelines, which will probably not apply. The lawsuit would still need to be filed in Georgia.
Do I Need to Return to Georgia to File a Personal Injury Lawsuit if I Live in Another State?
Most people fear that they will need to hustle back and forth from state to state if they need to file a lawsuit somewhere other than their own. The good news is that our attorneys can do a majority of the work without you having to be in Georgia. This is especially important if your injuries make it difficult or impossible to travel. Our team can handle nearly every aspect of your claim while you recover back home in your state.
Many of the conversations we need to have can be done over the phone. Even when evidence is collected during litigation, we can normally use Zoom or another video call app if the defendant’s attorney needs to question you. Most other aspects of your case can be handled without any inconvenience to yourself.
The only time you will need to return to Georgia is if your lawsuit goes to trial. You do need to be physically present in court when a trial is heard so you can take the stand, tell your story, and be cross-examined by the defense. Fortunately, the majority of personal injury claims settled before a trial is necessary, so there is a good chance that you will not have to come back to Georgia for your case.
Can I Use a Lawyer from My Home State for My Georgia Injury Case?
You might already have an attorney who normally handles your cases in your state and whom you would like to use. This might be possible, but only if the attorney is licensed to practice law in Georgia. Still, this is usually an unnecessary complication that will only cost you more time and money.
Instead, work with our local Georgia attorneys. We are licensed to practice law throughout the state and understand the nuances of the system here better than an outside lawyer. We also know the evidentiary rules, which can be significantly different from those your state courts use. This way, you will only need to communicate with one firm to keep track of your claim.
Our Georgia Personal Injury Attorneys Can Help You No Matter Where You Reside
For a free case review with our Brookhaven, GA personal injury attorneys, call Rice, Murtha & Psoras at (470) 287-3070.