I was in a car wreck while on vacation in Baton Rouge, Louisiana. I live in Florida normally. Should I call an attorney in Baton Rouge or Florida?

Out Of State Car Accidents Stay Local

Hire an attorney in the state where the auto accident occurred.

If you are involved in out-of-state car accidents, it is very important that you contact a licensed attorney from that state. There is no doubt that it would be easier to work with an attorney in Florida that is close to home; however, in order for your case to be properly handled, you must contact a Baton Rouge car accident attorney that is licensed to practice law in Louisiana.

Understand “Conflicts of Laws”

There are a host of complicated rules, broadly referred to as “Conflicts of Laws”, which determine, among other things, which courts has jurisdiction over a particular action. More specifically, these rules dictate which state’s laws will apply in a particular circumstance.

One of the basic principles of those rules is that the law of the state where the event took place shall be the laws which apply with regard to any legal determination concerning that event. With regard to a car accident the laws of the state where the accident occurred are the laws that would preside over the accident claim. The laws of that state shall be the only laws which are enforceable throughout the entire claim, whether the claim is settled before suit is filed or if a final judgment is received from the courts.

Most people would agree that hiring an attorney that is knowledgeable about the laws of a particular state should be your first choice, but that is not the main reason you should contact an attorney in the state in which the accident occurred.

Injury attorneys can only practice law in the state in which they are licensed.

It is important to note the law only allows an attorney to advise a client on the law of the state in which the attorney is licensed. Thus if you are seeking representation or even if you are just seeking advice regarding a car accident, only an attorney licensed to practice law in the state where the accident occurred will be able to properly assist you. 

Consequently, an attorney who is licensed to practice law in your home state and not licensed in the state where the accident occurred would not be the right person to call.

If you were injured in a car accident in Baton Rouge, call a personal injury attorney at Morris Bart today.

Call 800-537-8185.

December 15, 2015 | Categories: Legal Tips |