As a personal injury attorney in San Diego, I frequently receive calls from people who live in San Diego but were injured in an accident in another area. Sometimes this accident injury is in the state of California, but other times the accident injury occurred in another state entirely. For persons who must travel outside of California for business, vacations, or other purposes, it is possible to yourself involved in a car accident, slip and fall, or other injury claim, This can put you at a special disadvantage because local judges and their courts, as well as local attorneys may not treat you fairly, considering you a "tourist" or out-of-stater, particularly in those states where the locals may have a bad attitude toward Californians in general
Some personal injury attorneys handle cases not only in their own states but also across the country. There are a number of ways that this can be done. Some San Diego or California personal injury lawyers are actually admitted to practice in multiple states. Some attorneys represent injury claims in other states by associating with local in-state lawyers assisting them. A San Diego lawyer can request admission to practice in another state for the purpose of handling a specific case. This is often done when the client has a personal relationship with an injury attorney, or, prefers their attorney to be someone local to them. These clients prefer to have an attorney to act as their adviser who is in close proximity to them. This can have many advantages when dealing with the ongoing process of moving the matter through either the claims or litigation process.
A typical injury accident case which has not settled in the pre-litigation phase will normally be litigated in the state courts where the accident took place, or, where the defendant resides. However, federal diversity jurisdiction is another means by which personal injury attorneys in San Diego and throughout the State of California can represent clients for car accidents, slip and fall accidents, and other personal injury accidents that occur outside of California. If one or more of the defendants who may be responsible for causing a personal injury is a citizen of another state and the potential value of the personal injury claim arising from that accident is $75,000 or more, the claim may be subject to "diversity jurisdiction" in a federal court. This also applies to businesses where the business is incorporated or otherwise legally formed in another state. In a diversity jurisdiction case, the federal court in your home state (e.g. California) may be able to handle your case even though your injury occurred in another state. The California Federal District Court typically applies and interprets the laws of the state in which the incident occurred. This not only means that you can be represented by a California attorney that you know and trust, who is a part of your community and accountable to your state's laws, but also that the judges who hear your case will be California judges free of the possible indifference that may be found when you appear as an out-of-state Californian in a court in another state.
If you have suffered an injury in another state, do not assume that you cannot be represented by an attorney who is a part of your community. If you live in San Diego it would be wise to consult with a local lawyer in order to determine if they are able to represent you in your out-of-state accident case.