People often take vacations driving around the United States and visiting new places. Unfortunately, car accidents are a major concern, and many injured drivers are far from home at the time of the accident.
If you are injured in a car accident in Mississippi, you can file a lawsuit against the driver who hit you in this state. Filing an insurance claim will follow the laws of your home state because that is where your license comes from and where you are insured. You should hire a Biloxi car accident lawyer for help because an attorney from your home state might not be licensed where your case is filed and cannot assist you in court. You might also be able to leave Mississippi while your case is pending, but you will likely need to return for certain hearings and proceedings.
After a Mississippi road collision, our Mississippi car accident attorneys can help you explore your legal options to get your damages covered and return home. For a free case review, call Howe Law at (844) 876-4357.
Am I Covered by Insurance After a Mississippi Car Accident if I Live Out-of-State?
While insurance laws vary from state to state, your insurance follows you no matter where you go. This means that when you file an insurance claim after a car accident in Mississippi, you file your claim according to the laws of your home state. This is important because many states follow fault-based laws, but some adhere to no-fault laws.
Mississippi is a fault-based state when it comes to filing insurance claims for car accidents. In fault-based states, drivers must file third-party claims with the other driver’s insurance company. Next, they have to prove to the insurance company that the other driver is at fault for the accident, and only then will they get paid. If you are also from a fault-based state, you will likely follow this model when you file an insurance claim.
If you are from a no-fault state, you must file your insurance claim according to your home state’s rules. In no-fault states, drivers are covered by their own insurance in an accident and do not have to prove fault to get compensation. However, many no-fault states restrict drivers’ rights to file lawsuits because their own insurance policies automatically cover them. It would help if you talked to an attorney from your state in addition to our Macon car accident lawyers about how to approach your insurance claim.
How Do I File a Lawsuit for a Mississippi Car Accident if I Love in Another State?
Filing a lawsuit is already challenging in your home state, but it can be even more confusing when your accident occurs in a different state, like Mississippi. While you certainly can file a lawsuit, where your lawsuit happens and how the law applies might vary based on your circumstances. Our Hattiesburg car accident lawyers can help you file your case in the appropriate court.
Where you file your lawsuit depends on the jurisdiction. Jurisdiction is a rather complex legal concept but generally refers to a state or court’s authority over a particular matter. Only a court with jurisdiction over your case can hear it.
Unless the other driver in your accident is also from your home state, you probably cannot file your lawsuit at home. Your home state likely does not have jurisdiction over the defendant, so they cannot be sued there. However, if you can prove that the other drive has sufficient minimum contact with your state (e.g., owning property, doing substantial business), you might be able to file your lawsuit at home.
It is more likely that you will bring the case in the defendant’s home state or Mississippi. There is a good chance the other driver is from Mississippi anyway, so your case will likely be filed in a Mississippi court.
Why You Need a Mississippi Attorney to Help Your Car Accident Case
After a car accident in Mississippi, many injured drivers want nothing more than to head home to recuperate. The problem is that when people decide to pursue legal action, they often go to local attorneys in their home state. While your lawyer at home is probably very intelligent and capable, they might be unable to help you in Mississippi.
You need an attorney from Mississippi to assist you in your case. Our Gulfport car accident lawyers can help you file your claim and handle the case while you recover. You need a legal team not only licensed to practice law in Mississippi but also familiar with the laws of this state. Each state has somewhat different laws, and how a lawsuit proceeds in your home state might be different than how it happens here. Our team not only has extensive knowledge of Mississippi laws, but we are also more experienced with the rules and procedures of Mississippi courtrooms.
Leaving Mississippi After a Car Accident Because I Live in Another State
A big concern among plaintiffs from other states is whether or not they have to stay in Mississippi for the duration of their lawsuit. Personal injury lawsuits sometimes take a very long time to complete, and luckily, you do not have to remain in Mississippi for the entire time. Once your case has been filed, you can likely return home until the next hearing.
In many cases, plaintiffs do not need to be present for each and every hearing. Many hearings in civil lawsuits are minor and only procedural. Some hearings are only meant to check on the status of the case and see if the parties are ready or how much more time they need to get ready. You should keep in mind that you will likely have to return to Mississippi for the trial. Other matters that might require your presence include depositions, jury selection, and settlement negotiations. Our Biloxi car accident lawyers can handle your case while you rest at home, and we can contact you if you are needed back in Mississippi.
Contact Our Mississippi Car Accident Attorneys for a Free Case Evaluation
After a car accident in Mississippi, out-of-state drivers might be confused about handling their case or exploring their legal options. Our Alpharetta car accident lawyers are here to assist you and get your damages covered. Call Howe Law for a free case assessment at (844) 876-4357.