If you are traveling out of state and are injured in an automobile accident due to the fault of another, you may have many questions, including where a claim should be brought, whether you will need a local attorney, and what your rights to recovery are. Your first step should be to alert your automobile insurer so the insurer is on notice of coverages under your policy that are or may be implicated.
For example, the at-fault driver may have insufficient automobile liability limits given the nature and extent of your injuries. If you carry uninsured and underinsured motorist coverage on your automobile policy, your insurer should be on notice of the potential for such a claim. In addition, you likely carry some amount of coverage for medical bills related to the collision under your automobile policy. You will want to establish a claim with your insurer and, provide your insurer’s information to health care providers for billing purposes.
When it comes to legal representation, consulting with an attorney back home may be useful in several respects. First, they may be in a better position to research and recommend local counsel in the state where the collision occurred. Second, you may find yourself in a dispute with your insurer at some point, particularly if an underinsured motorist claim arises. These claims are contractual, meaning that the venue is Wisconsin rather than the state of the collision. Third, given the nature of your injuries, you may require extensive and ongoing treatment following your return home. An out-of-state attorney may desire some involvement from Wisconsin counsel to assist in gathering medical bills and records and coordinating the testimony of treating providers should the case proceed through litigation.
Finally, should your personal injury claim turn into a formal lawsuit, you will undoubtedly find yourself in the legal system of the state of injury. However, your lawyers may have the option of bringing your case in Federal as well as State Court due to the citizenship of the parties. An attorney from the state of injury can discuss the pros and cons of Federal Court versus State Court given their knowledge of the local bench, potential jury pool, and other factors.
If you have an out-of-state automobile accident and require an attorney, please contact our experienced personal injury attorneys to assist you.
Don't be a victim twice!