A Louisiana man is suing an Arkansas driver after allegedly sustaining injuries in an accident caused by the Arkansas man. The Louisiana man, Jason Bone, was driving in Arkansas when an unknown driver made a left turn up ahead into an emergency vehicle turnaround. So as not to slow traffic, Bone moved into an outer lane. Once there, he was rear-ended by Juan Fuentes, a worker with TruckMovers, Navistar and Dealer’s Choice.
The injuries that Bone claims to have suffered are physical injuries to his neck, head and back. He is seeking damages for his pain and suffering, lost wages and medical bills.
If I Am Out of My Home State, Where Do I File a Car Accident Lawsuit?
The key behind out-of-state car accident cases is jurisdiction. Jurisdiction can be related either to the parties involved in the case, or to the cause of the case. In general, in car accident cases, you can always bring suit against a defendant in the state that the defendant lives in. This is due to “personal jurisdiction” which the state has over all of its citizens.
Should you, though? It can be more complicated to file in another state, because generally you are going to have to appear in person for hearings related to the case.
You may be able to file the lawsuit here in Louisiana if the state has a “compelling interest” in your case. This can be true if you and many of the witnesses to the case are Louisiana residents. It can also happen if your injuries are severe enough to create large medical bills and future costs and lost wages.