My family and I were traveling back from vacation when we had our accident. We are not from the state in which the accident occurred and neither is the at-fault driver. Where should we file our case, and what law will apply?
This is a tricky question. First, you may be able to file your car crash lawsuit in the state in which the accident occurred or in the home state of the at-fault driver. You would need to evaluate the laws of each of those jurisdictions to determine which state’s laws were more beneficial for you. As far as which law will apply, in most every case the law of the state in which you choose to file your lawsuit will apply. However, there may be issues pertinent to the resolution of your case (such as insurance coverage and the payment of claims) that would be resolved according to different laws.