Can You Sue an Out-Of-State Defendant for Personal Injury?
Imagine a scenario where you’re driving your car on the expressway. Suddenly, you hear a loud thump, you’ve been rear-ended. Police officers and emergency personnel quickly arrive. You sustain serious injuries and must be transported to the nearest hospital. As you get ready to head to the hospital, the police officer hands over a copy of the accident report. It turns out that the person who hit you is an out-of-state driver. When an out-of-state driver is responsible for an accident, it can sometimes present a unique issue for injury victims who later decide to file a personal injury lawsuit. In this blog post, we will discuss personal jurisdiction and how to sue an out of state driver after a car accident.
What is Personal Jurisdiction?
In Florida and in every other state, a court must have the power to resolve the rights of the parties in the lawsuit as well as the issues presented by the case itself. Judicial power over the litigants is known as personal jurisdiction. To properly exercise personal jurisdiction, a court must have a legal basis to assert judicial power over the defendant and the defendant must have notice of the claim by valid service of process. Nevertheless, these requirements can be waived if the defendant voluntarily appears in the case, asserts a counterclaim, or fails to raise a personal jurisdiction challenge after voluntarily appearing in the case. Generally, all courts in Florida have personal jurisdiction over Florida residents. For instance, a circuit court has personal jurisdiction over a party who is a Florida resident even if the defendant does not reside within the particular circuit court’s jurisdiction. However, the ability of a court to exercise personal jurisdiction over a person who does not reside in Florida is more complex.
How to Exercise Personal Jurisdiction Over Out-Of-State Driver in Florida
To obtain personal jurisdiction over an out-of-state driver, the court must conduct a two-step analysis. Generally, the court will look to see if your complaint has allegations that are sufficient to bring the case within one of the substantive provisions of the Florida long-arm statute. The Florida long arm statute is basically a law that lists the different ways a person can be subject to the jurisdiction of FL courts. The second part of the analysis asks whether there is a sufficient connection or “minimum contacts” between the state of Florida and the out of state driver. Note that the two-part test to determine whether a Florida court may exercise personal jurisdiction over a nonresident defendant does not apply if process was served on Defendant at a time when the defendant is voluntarily present within the state. Additionally, a court may not exercise personal jurisdiction over any party who has not been properly served. Valid service of process is a fundamental prerequisite to the exercise of personal jurisdiction over any defendant. This requirement applies to residents as well as nonresidents.
Speak with a Car Accident Attorney Today!
The state of Florida has many trial courts and there are many issues that may arise when suing an out-of-state driver after a car accident in Florida. Making a mistake in the way that you file your claim can cost you time, money, and possibly your case. Working with one of our car accident attorneys can help make the process easier for you so you can focus on recovering from your injuries. For over 19 years, Suarez & Montero has been helping injury victims in South Florida. If you were injured in an accident of any type, you may be entitled to compensation for your damages. At Suarez & Montero, our injury attorneys have a steady record of success when it comes to helping injury victims obtain compensation for their injuries and we can help you too! We invite you to contact Suarez & Montero today and schedule a consultation with one of our experienced personal injury lawyers. We have represented clients throughout Florida in a wide range of cases, and we are prepared to do the same for you. In our opinion, the best-case results come from an open and collaborative process with our clients. Our main focus has and always will be to provide quality legal representation to those who entrust us with their case or legal matter. The aftermath of an accident can be devastating and long- lasting. If your loved one was injured in an accident with an out-of-state driver, call an injury lawyer at Suarez & Montero immediately. Our Law Firm’s history of extraordinary representation and success in car accident cases and many other types of personal injury claims has earned us glowing testimonials from former clients, as well as high reviews on Google! For over 19 years, we have delivered quality legal representation for people who have been injured in all types of car accidents across South Florida. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
