Being involved in an accident is an event that can change a person’s life in more ways than one. This experience can become even more complicated if you happen to have an accident in a state where you do not reside.
If you or a family member was injured in a car crash or another type of accident in another state, contact our experienced Philadelphia personal injury lawyers today. Our firm is here to explain what happens if you were injured in Pennsylvania but reside in another state. We may handle most, if not all, of your case remotely in Pennsylvania, so you may not have to return to get compensation.
Get help with your case from The Reiff Law Firm and call our Pennsylvania personal injury lawyers for a free case evaluation at (215) 709-6940.
Can You Sue if You Were Injured in Pennsylvania but Live in Another State?
Whether you are just driving through Pennsylvania or are visiting family or friends in the area, there is always the risk of injury due to negligence. Even though you are not a Pennsylvania resident, can you still file a lawsuit if you are injured there?
Residence has no bearing on whether or not you have a cause of action in a particular state. It can complicate a lawsuit, however, since you must file in the state where the injury occurred, not necessarily where you live.
How Should You Handle an Out-of-State Personal Injury Accident in Pennsylvania?
The last scenario anyone wants to deal with is a serious injury that occurs while traveling for leisure or business. However, you should also be prepared to handle a car accident or another type of accident that may occur while you are away from home. If you are traveling and get injured in an Airbnb, then you may want to consider seeking an Airbnb rental injury lawyer. The following is a list of steps to take if you are injured in an out-of-state accident.
Seek Medical Attention
Whether you were injured in a car accident or a slip and fall, you should seek medical attention for your injuries. Failure to call paramedics or visit an emergency room can make it difficult to determine the full extent of your injuries.
Some people may believe that if they escape an accident without broken bones or any injuries that could hinder them, they don’t have to go to the hospital. However, it is possible to suffer an injury that may not exhibit symptoms for a few days to a few weeks.
Additionally, receiving medical attention will make it easier for you to document your injuries if you decide to pursue legal action.
Document Any Evidence
Documenting evidence of your accident will greatly assist your attorney if you decide to pursue a personal injury lawsuit. For example, if you suffer a slip and fall at a local establishment in a different state, you need to know who owns the establishment.
The type of accident that you are involved in will also dictate the type of evidence that you should gather for a potential case. This means if you were injured in a car accident, you should not only request information about the negligent driver, but you should also know about any adverse weather that may have played a role in the accident.
While an experienced attorney can help you gather additional evidence for your claim, knowing certain details will make your case easier to litigate.
You should also be aware of where the accident occurred. A car accident that occurs in a certain county should not be litigated in a different county that has no ties to the accident. Knowing which county your accident occurred in will make it easier for an attorney to file your case with the appropriate court.
Find an Attorney Licensed in that State
If you want to file a lawsuit for an accident that occurred in a different state, there are multiple choices that you will have to consider. One choice is whether you would like to retain an attorney who operates in the state where you were injured. While an attorney in the state where the accident occurred would be more familiar with intricate laws regarding your case, you may be forced to handle the case remotely depending on your proximity to the state in question. If you choose to handle your case remotely, you may still have to travel to the state again if your case goes to trial.
Another possibility is finding an attorney who is licensed to work in your state and the state where you were injured. This would make it easier for you to discuss your case with your lawyer.
It is also important to note that your accident claim will be subject to the laws of the state where you were injured. This could affect your case in several ways. For example, if the state where you were injured has a shorter statute of limitations than the state where you reside, you will have less time to file your case with the court.
What Happens if You Were Injured in Pennsylvania by a Defendant Who Lives in Another State?
Sometimes the situation is flipped, with the victim a Pennsylvania resident and the defendant living in another state. This also presents some hurdles to recovery that we can help you overcome.
Where to File
Since you were injured in Pennsylvania, our attorneys will file your lawsuit there, even if the defendant lives in another state.
When to File
In a personal injury case, the statute of limitations may pause when the defendant leaves the state so that their absence doesn’t stop the victim from suing on time. We can determine whether your statute of limitations is affected by the defendant’s absence from the state or by another factor, such as delayed discovery.
Where Do You File an Injury Case if You Live in a Different State?
If you live elsewhere and were injured in Pennsylvania, your injury case is usually handled in Pennsylvania. While there may be rules that allow you to file a case in another state – such as when the person who injured you also lives in New York – the best venue to hear the case will usually be the court where the accident happened. The judges and lawyers in that court will also be well-acquainted with Pennsylvania law, and that law governs the accident and your ability to get compensated.
If you live near the border and commonly commute or pass into Pennsylvania, this might not be a huge burden for you. However, if you were there on a trip or live farther from the border, this might be a big deal.
Fortunately, our Pennsylvania personal injury lawyers may be able to handle much of the case and potentially enter into settlement negotiations through remote contact (primarily phone and video conferencing). We may be able to resolve the case, all without you needing to come back to Pennsylvania. If your case goes to court, you might need to appear in person, especially if your testimony will be needed or if we want the judge and jury to see your injuries in person.
What to Know About Suing for Injuries that Occurred in Pennsylvania if the Victim Lives in New York
There are a few legal differences between Pennsylvania and New York that might affect your case in pretty big ways. In practice, these laws have more of an impact in unique or rare cases than they do in more typical cases, but it is always possible your case could fall into an issue with these legal differences.
Comparative Fault Rules
In New York, you can recover damages for an accident even if you were partially at fault, and there is no cap on your own fault. This rule is a “pure comparative negligence” rule. As an example of how it works, if you shared fault 50/50 with the at-fault party, you can still get half of the damages you need from them. The same is true for 25% fault or even 99% fault – though most cases where the victim is 99% at fault are not worth pursuing at the end of the day.
Pennsylvania has a “modified comparative negligence” rule that prevents a victim from recovering damages if their share of fault exceeds the other party’s. This is sometimes called a “51% bar,” because a victim who is more than 50% at fault is barred from recovering damages.
In effect, this rarely blocks cases. Most people suing for damages after an accident are either innocent victims or shared only a small percentage of fault in their own case.
Under both states’ rules, the victim’s damages are reduced by their share of fault.
Car Insurance Rules
In New York, you might be familiar with your state’s “no-fault” insurance rules. Under these rules, you cannot sue an at-fault driver unless you have “serious injuries.” These rules also require you to have $50,000 of coverage for your accident to cover you and others in your car.
Pennsylvania also has a no-fault system, but drivers have some choice in the matter. The base requirement is only $5,000 for medical coverage for yourself, so your New York insurance should be plenty. Additionally, Pennsylvania has a different threshold that allows lawsuits when you have serious injuries or when other circumstances are met (such as the at-fault driver entering into ARD for drunk driving that caused your crash). Pennsylvania also has an option that allows you to opt out of this “limited tort” system and have a “full tort” policy so that you can sue at any time.
There are often complex ways that insurance policies work when you cross state lines, but your New York policy should meet the standards required for a Pennsylvania policy, reducing the hassle.
Injuries at Work
If you were injured while working, New York law allows you to sue your employer for certain violations. Under Pennsylvania law, you usually cannot sue your employer, even if they violated safety laws. Instead, you would have to use Workers’ Compensation or file an injury lawsuit against a third party. Again, most cases involve situations where a lawsuit would be blocked in both states, so the state where it was filed may not change. Our lawyers can help you find relevant third-party defendants to sue if you were hurt at work in Pennsylvania.
Statute of Limitations
New York law gives you 3 years from the date of the accident to file an injury claim, but Pennsylvania law only gives you 2 years in most injury cases. You have to follow the 2-year rule when filing in Pennsylvania, even if you live in New York.
FAQs About What Happens if You Are Injured in Pennsylvania But Live in Another State
Can You Minimize Travel if You Are Injured in Pennsylvania But Live in Another State?
If you live in a different state but must file a personal injury lawsuit in Pennsylvania because that’s where you were injured, we can help minimize travel by handling much of the case remotely. If we settle your lawsuit, you may not have to travel at all.
What Laws Apply if You Are Injured in Pennsylvania But Live in Another State?
If you are injured due to negligence in Pennsylvania, that state’s laws apply, which may mean a different statute of limitations than you are familiar with.
What Happens if the Defendant Lives in Another State?
Suppose the defendant is the one who lives in another state. In that case, the statute of limitations might pause for any period the defendant is outside of Pennsylvania, potentially giving you more time to sue.
Why Do You Need a Pennsylvania Personal Injury Lawyer?
You need a lawyer who is familiar with how Pennsylvania handles personal injury claims to get compensation for an accident while living in a different state.
Can You Wait to Get Medical Attention if You Are Hurt in Pennsylvania But Live in Another State?
Don’t wait until you get back to your home state to seek medical attention if you are injured in Pennsylvania. Go to the closest hospital right away, and let our lawyers worry about obtaining medical records on your behalf.
Consult with an Experienced Philadelphia Personal Injury Attorney for Your Out-of-State Claim
Call the Allentown personal injury attorneys of The Reiff Law Firm at (215) 709-6940 for a free case evaluation.
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