I am a U.S. citizen in foreign country. Caused personal injury to other American abroad. Can he sue me in the U.S.? Please help!

I got into a fight in a foreign country and caused personal injury to another American. I have been told if I stay he can press charges here ( a developing country with a very poor/archaic legal system). He wants me to just pay but I have no garuantee he will not sue me in the U.S. or ask for more money. I heard these kind of cases often get thrown out of U.S. courts or that it would cost more for him to sue in the U.S. than money he is asking for. Should I leave this country immediately? Should I try and settle in the US? Thank you so much for your help-- I have no legal resources here.
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Answers (4)

Dane Johnson

Dane Johnson

Contributor Level 3
Since your question indicates that you are from Los Angeles and I am not licensed in California, my comments below are provided for general information purposes only. You should contact a lawyer licensed in California promptly for legal advice.

Whether you can be sued in a particular state depends on whether that state's laws permit it to assert what is called personal jurisdiction over you. This concept refers to the court's power to decide cases involving a particular person.

A person remains a citizen of a state if if he or she moves away with the intent to return to the state to live. Generally, states maintain personal jurisdiction over their citizens even when they move away temporarily and even for claims arising outside the state. In other words, a personal injury claim could probably be filed in the trial court of a state like California against a California citizen for an alleged legal wrong committed in another country.

It is possible but not certain that a judgment in another country could provide the basis for a defense to a claim filed in the United States. A settlement agreement releasing all rights to any future claims arising from the alleged harm might also preclude any further legal action.

If you wish to reach the California State Bar Lawyer Referral Services, you can do so by calling (415) 538-2250 from outside California or through the link provided here.
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Jason Eric Kipness

Jason Eric Kipness

Contributor Level 7
You need to report this accident to your homeowner's insurance company and speak with a LA, CA attorney about being sued in USA.
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Jonathan H Levy

Jonathan H Levy Avvo Pro

Contributor Level 9
You do not say which country but what you need is an analysis under both US and foreign law. I do not think a US Court would have jurisdiction over a tort occurring in a foreign country however I would need to know more.

Dr. Jonathan Levy
www.brimstoneandcompany.com
chambers@brimstoneandcompany.com
+1 202-318-2406
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Steven Brian Adelman

Steven Brian Adelman

Contributor Level 2
It depends upon whether the US court had jurisdiction over both of you. If you both reside in the same state the injured party can sue you in a state court but the choice of law would most likely be the law of the jurisdiction where the accident occurred. If you reside in different states the analyze becomes more difficult. Do you do business in the state where you are being sued and if so is it an isolated incident or a regular pattern?. Also additonal parties to the action and where they reside may effect the action. You should consult with an attorney licensed where you reside for a more detailed answer
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