“Should I hire a personal injury lawyer where the accident happened or where I live?”
This question often arises after an individual is involved in a car accident or any other type of personal injury accident while traveling out of state. Many people wonder if the lawyer they hire should be licensed in the state where the accident occurred or their home state.
The answer to this question can vary depending on the specific details of your case, but typically, you will need a lawyer licensed in the state where the incident occurred. However, the lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. are national leaders in personal injury litigation, and work with lawyers across the country in negligence cases that occurred in other states. Our lawyers will associate with local counsel in the state where the accident occurred and work with those lawyers to obtain justice on your behalf. Although, there are a few things to consider when deciding whether to hire a local in-state or out-of-state lawyer.
Our Firm’s Presence Throughout the DMV Region
At Chaikin, Sherman, Cammarata, & Siegel P.C., our legal team is dedicated to serving clients throughout the Washington, D.C., Maryland, and Virginia (DMV) area. We possess a deep understanding of the intricate personal injury laws that govern these jurisdictions, allowing us to effectively advocate for our clients’ interests. Whether you find yourself in Washington, D.C., Northern Virginia, or Maryland, we are equipped with the legal knowledge and local insights necessary to handle your case with precision. Our unwavering commitment to the DMV region ensures that regardless of your location, you can rely on receiving personalized and diligent legal representation tailored to your unique situation.
Reach out to our experienced personal injury attorneys today to schedule a free consultation.
First, Can a Personal Injury Lawyer Represent You In Another State?
In general, lawyers are only allowed to practice law in the state where they are licensed. This means if you get into an accident out of state, a local attorney from your home state may not be able to represent you in the state where the accident occurred.
However, if the lawyer is licensed in the state where the accident happened, they can represent you. Do note that they should be licensed, admitted to the bar, and frequently practicing in the specific state of your accident to represent you. This will ensure you are getting the best legal expertise possible.
Additionally, a lawyer might be able to practice in another state temporarily with court approval, a process known as pro hac vice.
Lastly, if your accident resulted in a federal case, a lawyer from your home state could represent you, as federal courts typically allow lawyers to practice nationwide.
It’s important to discuss these possibilities with a lawyer to understand your options.
Why Would You Seek Help From an Attorney Out of the State Where the Accident Occurred (an “Out of State Attorney”) ?
There are several reasons why you might seek representation from out-of-state lawyers after a personal injury accident.
Unique expertise or experience: The lawyer may have unique expertise or experience in certain types of cases that lawyers in your local area do not.
Strong reputation: The attorney may have a proven track record of winning cases similar to yours or have a high success rate in the jurisdiction where your case will be heard.
Personal comfort and trust: If you have an existing relationship with a lawyer in another state, you may feel more confident with them handling your case, even if it requires navigating the legal process in a different jurisdiction. As stated above, there are options where your out-of-state lawyer can petition the Court to practice in the state where the incident occurred or can associate with local counsel.
It’s worth noting that while hiring a lawyer from another state is an option, it’s crucial to ensure they meet certain criteria. Specifically, they must either be licensed to practice law in the state where your accident occurred, admitted pro hac vice in that jurisdiction, or associated with a lawyer who is licensed to practice in that jurisdiction. This ensures that they (or the team that they have put together) possess the necessary legal authority and expertise to effectively represent you in your case. It’s important to verify these qualifications before engaging an out-of-state attorney to ensure they can provide competent representation tailored to the specific laws and procedures of the accident state.
Why Jurisdiction Matters
Legal jurisdiction refers to the authority granted to a legal body—like a court—to administer justice within a defined area of responsibility. The jurisdiction of a court is determined by the geographic area and the type of legal cases it is authorized to hear. This concept plays a crucial role in cases involving accidents that occur out of state, as it dictates which court has the power to make legal judgments about your case.
For instance, if your accident occurred in another state, the local court in that state typically has jurisdiction. This is because the incident, which is the subject of the legal dispute, took place within its territorial boundary. Hence, the local court has the authority to adjudicate, interpret, and apply the law regarding the case.
Why does jurisdiction matter? It matters because the laws can vary significantly from state to state. Each state may have different laws regarding personal injury, negligence, and liability, which could impact the outcome of your case. Moreover, familiarity with local court procedures, the legal community, and the nuances of how things work in a particular legal jurisdiction could give you an advantage in your case. Understanding these complexities is why hiring a personal injury attorney familiar with the jurisdiction where your accident occurred can be beneficial.
What If The Case Is In Federal Court?
If your case is in federal court, you have more flexibility when it comes to hiring a lawyer. Federal courts generally allow lawyers to practice nationwide, so you may be able to choose a lawyer from any state. However, that lawyer must still associate with a local lawyer who is licensed to practice in the Federal Court where the case will be pending. Not only is this necessary under the law, but it also will give you an edge in navigating the local federal court and increase your chances of a favorable outcome.
You Deserve The Highest Quality of Legal Care
With Chaikin, Sherman, Cammarata, & Siegel, P.C., you can expect a team of experienced and dedicated personal injury attorneys committed to delivering the highest quality of legal care. Our team works tirelessly to pursue the justice and compensation our clients deserve, leveraging our extensive knowledge of state-specific laws and federal regulations. We specialize in a range of personal injury cases and are renowned for our unique expertise and experience in dealing with diverse accident scenarios.
Reach out to us today for a free consultation. We are more than ready to listen, advise, and act on your behalf, ensuring your legal rights are fully protected.
