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January 8th, 2025
Accidents don’t always happen close to home. Whether you’re on a road trip, visiting family, or traveling for business, an unexpected injury can occur anywhere. At Hess Injury Law in Hermiston, Oregon, we often hear from clients who were injured while out of state and are unsure about their rights to compensation. The good news is that you may still be able to pursue a claim, even if the accident didn’t happen in Oregon. Let’s explore this topic in detail.
When you’re injured in another state, the situation can seem more complicated than a local accident. You might be dealing with unfamiliar laws, different insurance requirements, and the challenge of managing your case from a distance. However, these obstacles don’t necessarily prevent you from seeking compensation.
Generally, to have a valid claim, you must prove:
These principles apply regardless of where the accident occurred.
One of the primary concerns with out-of-state accidents is jurisdiction – determining which state’s laws apply and where the case should be heard. Several factors can influence this:
Typically, the laws of the state where the accident occurred will govern the case. For example, if you’re an Oregon resident injured in a car accident in California, California laws would likely apply.
Sometimes, if both parties are from the same state but the accident happened elsewhere, it may be possible to file the claim in your home state.
If the at-fault party is a business that operates in multiple states, including your home state, you might have options for where to file.
If you’re involved in an accident while away from home, take these crucial steps:
Insurance plays a significant role in personal injury claims, and it can become more complex with out-of-state accidents. Here’s what you need to know:
Most auto insurance policies provide coverage regardless of where in the U.S. you’re driving. However, coverage limits and requirements can vary by state.
Your health insurance should cover your medical treatment, even if you’re out of state. However, be aware of potential out-of-network costs.
If you have travel insurance, it may provide additional coverage for accidents that occur while you’re away from home.
While it’s certainly possible to pursue compensation for out-of-state accidents, there are some unique challenges to be aware of:
Managing a case from afar can be difficult. You may need to travel back to the accident location for court appearances or to gather evidence.
Each state has its own laws regarding personal injury claims, including statutes of limitations and comparative negligence rules.
You may need to work with an attorney in the state where the accident occurred, in addition to your home state attorney.
At Hess Injury Law in Hermiston, Oregon, we have experience handling out-of-state accident cases. Here’s how we can assist you:
We’ll review the details of your out-of-state accident to determine the best course of action.
Our team can help determine where your case should be filed and which laws apply.
If necessary, we can work with local attorneys in the state where the accident occurred to ensure your case is handled properly.
We’ll communicate with insurance companies on your behalf, regardless of which state they’re in.
Our firm can help collect and preserve evidence from the out-of-state accident, which is crucial for building a strong case.
We’ll work to secure a fair settlement, taking into account all applicable laws and regulations.
If your case goes to trial, we’ll ensure you have strong representation, whether in Oregon or the state where the accident occurred.
Regardless of where your accident occurred, it’s crucial to act quickly. Each state has its own statute of limitations for personal injury claims, and failing to file within this timeframe can result in losing your right to compensation.
Being injured while out of state can be particularly stressful, but it doesn’t mean you can’t seek compensation. At Hess Injury Law, we’re committed to helping our clients navigate these complex situations. We understand the nuances of inter-state personal injury claims and can guide you through the process.
If you’ve been injured in an out-of-state accident, don’t hesitate to reach out. The sooner you contact us, the sooner we can start working on your case. We’ll evaluate your situation, explain your options, and fight for the compensation you deserve, regardless of where the accident occurred.
Remember, your focus should be on recovery. Let us handle the legal complexities of your out-of-state accident claim. Contact Hess Injury Law in Hermiston, Oregon today for a free consultation. Your path to compensation starts here, no matter where your accident happened.
Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.
Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.
Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.
