Sustaining a TBI Out-of-State – Frequently Asked Questions
Accidents can happen anywhere, and in some cases may be more likely to occur when we are familiar with our surroundings. Traumatic brain injuries1 are a type of injury that occurs when a blow or jolt to the head results in a disruption in the way the brain normally functions. They can occur in a number of ways, but are most often the result of falls, unknown causes, struck by or against events, motor vehicle accidents, and assaults, in that order. When accidents resulting in a traumatic brain injury occur when a person is traveling outside of their home state, they may be confused and unsure of what to do next. Below, we have tried to answer some of the most frequently asked legal questions regarding sustaining an out-of-state injury. For more information or to discuss your particular case at no charge to you, call our office today at 727-451-6900.
Will I be able to recover for my injuries?
Whether you will be able to recover for your injuries depends on a number of factors and the state law that is applicable to your case. In general, people who are injured by intentional acts or in accidents that are caused by someone else’s negligence will be able to recover for their injuries. While each state has different laws regarding negligence, it generally involves a person not conducting himself or herself with the degree of care that would be exercised by a reasonable person in similar circumstances.
When should I contact an attorney?
People who sustain a TBI anywhere should contact an attorney as soon as possible. Each state has its own statute of limitations on tort2 actions, so waiting to retain legal counsel could potentially result in the loss of your right to recover for your injuries.
Where can I file a claim?
Where you can file a claim depends on the specific circumstances of your case. Generally speaking, you will always be able to file a claim arising from an injury-causing accident in the state in which the accident occurred. In addition, if you were injured by the negligence of a business entity that operates in your state, you will likely be able to file a lawsuit in the state in which you live. Jurisdictional questions are often extremely complicated, so victims with questions about where they can file a claim should discuss their specific circumstances with an attorney.
Do I have to retain an attorney in the state in which the accident took place?
Not necessarily. As discussed above, there are circumstances in which an out-of-state accident can be litigated in a victim’s home state. In addition, attorneys are often allowed to practice in jurisdictions in which they are not admitted on a limited basis. In addition, your attorney can represent you in settlement negotiations with an insurance company regardless of where an accident takes place.
What kinds of damages are available in an out-of-state TBI accident lawsuit?
Again, the kinds of damages available after a TBI accident will depend on the state in which your case is filed. Generally, the kinds of damages available include those for medical expenses, lost income, loss of quality of life, loss of future earning potential, and compensation for physical and emotional pain and suffering. In some cases, punitive damages may be available as well.
Contact a Clearwater traumatic brain injury lawyer today to schedule a free, no-obligation case evaluation
Individuals who have sustained a TBI while traveling out of state should contact an experienced personal injury lawyer as soon as possible. While jurisdictional issues may arise, an attorney licensed in your state may be able to file suit on your behalf, and at a minimum, refer you to another law firm that will be able to represent you. The Clearwater TBI attorneys of the Dolman Law Group are dedicated to helping people who have been in a preventable accident recover for their injuries. To schedule a free consultation with one of our attorneys, please call our office today at 727-451-6900.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900
https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/
References:
1 http://www.ninds.nih.gov/disorders/tbi/tbi.htm
2 https://www.law.cornell.edu/wex/tort
