If someone is a resident in one state but gets into a car accident in another state, which state should the lawyer be from?

Asked over 1 year ago - Winter Garden, FL

I am a Florida resident and my mother was in a car accident here in Florida while driving my car. She lives in Connecticut. My car is totaled and my mother was taken to the hospital via ambulance with injuries. The driver of the other car received a ticket after sideswiping her. She is looking for legal representation but is not sure if the lawyer needs to be from Connecticut or Florida.

Attorney answers (7)

  1. Daniel Marc Berman

    Contributor Level 14

    14

    Lawyers agree

    Answered . Wherever the accident occurred, so Florida in this case.

    Daniel M. Berman www.southfloridaaccidents.com This is not to be considered legal advice nor does an attorney-... more
  2. Kathryn Elizabeth Lee

    Contributor Level 10

    11

    Lawyers agree

    Answered . Florida law will govern the case, and any lawsuit will need to be filed in Florida where the accident happened. She should find a Florida lawyer, however, if she already has a lawyer in Connecticut, that lawyer can assist her in locating and retaining Florida counsel.
    She should also not worry about having a Florida lawyer get in the way of obtaining any medical treatment she needs in Connecticut.

    No attorney-client relationship is intended by this answer.
  3. David H. Burns

    Pro

    Contributor Level 13

    11

    Lawyers agree

    Answered . Because the collision occurred in Florida, Florida law will apply to the case. Also, if a lawsuit is required it will have to be filed in the county in Florida. It would be best to retain a Florida lawyer. The time limit for filing suit on a Florida automobile collision is four years from the date of the collision.

    The above is general advice regarding applicable state law. It does not create an attorney-client relationship in... more
  4. Matthew Justin Shilling

    Contributor Level 4

    10

    Lawyers agree

    Answered . The lawyer your mother selects should be admitted to the Florida Bar, maintain an active Florida law office and be experienced in the handling of this type of case. Time is of the essence on a car crash case and I strongly suggest your mom consult with such a Florida lawyer of your choosing immediately. My practice is dedicated to representing injured victims in accident cases of all kinds and would be happy to answer any further questions that you or your mom might have.

    Best of Luck,

    Matt Shilling
    954-562-0891

  5. David J. McCormick

    Contributor Level 20

    11

    Lawyers agree

    Answered . Sorry to hear about your mother. You want a Florida attorney because if a lawsuit has to be filed it will be in Florida.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  6. Jeffrey Robert Davis

    Contributor Level 14

    9

    Lawyers agree

    Answered . If the at fault driver is a florida resident-sue in florida

  7. Jason M. Melton

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . Florida law will govern most all issues of this matter. So, ultimately a Florida lawyer is your best option.

    However, your Florida lawyer may seek the help of a local Connecticut lawyer to steer the client away from physicians and clinics who are not designed or refuse to assist in litigation (preparing records, showing up to depositions, etc.)

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