What Happens if I Was Injured in Pennsylvania but Live in Another State?

Being involved in an accident is an event that can change a person’s life in more ways than one. This experience can become even more complicated if you happen to have an accident in a state that you do not reside in. If you or a family member was injured in a car crash or other type of accident that occurred in another state, contact an experienced Philadelphia personal injury lawyer today. The Reiff Law Firm understands how a serious accident can negatively affect your life, and we are here for you. Our firm is here to explain what happens if you were injured in Pennsylvania but reside in another state.

How to Handle an Out of State Personal Injury Accident in PA

The last scenario any person wants to deal with is a serious injury that occurs while traveling for leisure or business. However, you should also be prepared to handle a car accident or any other type of accident that may occur while you are away from home. If you are traveling and get injured in an airbnb then you may want to consider seeking an airbnb rental injury lawyer. The following is a list of steps to take if you are injured in an out of state accident.

Seek Medical Attention

Whether you were injured in a car accident or a slip and fall, you should seek medical attention for your injuries. Failure to call paramedics or visit an emergency room can make it difficult to determine the full extent of your injuries.

Some people may believe that if they escape an accident without broken bones or any injuries that could hinder them, they should simply avoid being seen by a doctor. However, it is possible to suffer an injury that may not exhibit symptoms for a few days to a few weeks.

Additionally, receiving medical attention will make it easier for you to document your injuries if you decide to pursue legal action.

Document Any Evidence

Documenting evidence of your accident will greatly assist your attorney if you decide to pursue a personal injury lawsuit. For example, if you suffer a slip and fall at a local establishment in a different state, you will want to know information like who owns the establishment.

The type of accident that you are involved in will also dictate the type of evidence that you should gather for a potential case. This means if you were injured in a car accident, you should not only request information about the negligent driver, but you should also know about any adverse weather that may have played a role in the accident.

While an experienced attorney can help you gather additional evidence for your claim, knowing certain details will make your case easier to litigate.

You should also be aware of where the accident occurred. A car accident that occurs in a certain county should not be litigated in a different county that has no ties to the accident. Knowing which county your accident occurred will make it easier for an attorney to file your case with the appropriate court.

Find an Attorney Licensed in that State

If you want to file a lawsuit for an accident that occurred in a different state, there are multiple choices that you will have to consider. One choice is whether you would like to retain an attorney that operates in the state where you were injured. While an attorney in the state where the accident occurred would be more familiar with intricate laws regarding your case, you may be forced to handle the case remotely depending on your proximity to the state in question. If you choose to handle your case remotely, you may still have to travel to the state again if your case goes to trial.

Another possibility is finding an attorney that is licensed to work in your state and the state where you were injured. This would make it easier for you to discuss your case with your lawyer.

It is also important to note that your accident claim will be subject to the laws of the state where you were injured. This could affect your case in a number of ways. For example, if the state where you injured has a shorter statute of limitations than the state where you reside, you will have less time to file your case with the court.

Where to File an Injury Case if You Live in a Different State

If you live in New York but were injured in Pennsylvania, your injury case usually needs to be handled in Pennsylvania.  While there may be rules that allow you to file a case in another state – such as when the person who injured you also lives in New York – the best venue to hear the case will usually be the court where the accident happened.  The judges and lawyers in that court will also be well-acquainted with Pennsylvania law, and that law governs the accident and your ability to get compensated.

If you live near the border and commonly commute or pass into Pennsylvania, this might not be a huge burden for you.  However, if you were there on a trip or live further away from the border, then this might be a big deal.  Fortunately, our Pennsylvania personal injury lawyers may be able to handle much of the case – and potentially enter into settlement negotiations – through remote contact (primarily phone and video conferencing), and we may be able to get the case resolved, all without you needing to come back to Pennsylvania.  If your case does go to court, you might need to appear in person, especially if your testimony will be needed or we want the judge and jury to see your injuries in person.

Lawsuits for Injuries that Occurred in Pennsylvania When the Victim Lives in New York

There are a few legal differences between Pennsylvania and New York that might affect your case in pretty big ways.  In practice, these laws have more of an impact in unique or rare cases than they do in more typical cases, but it is always possible your case could fall into an issue with these legal differences:

Comparative Fault Rules

In New York, you can recover damages for an accident even if you were partially at fault, and there is no cap on your own fault.  This rule is a “pure comparative negligence” rule.  As an example of how it works, if you shared fault 50/50 with the at-fault party, you can still get half of the damages you need from them.  The same is true for 25% fault or even 99% fault – though most cases where the victim is 99% at fault are not worth pursuing at the end of the day.

In Pennsylvania, we also use a comparative negligence rule, but it is a “modified comparative negligence” rule that prevents a victim from recovering damages if their share of fault was higher than the other party’s share of fault.  This is sometimes called a “51% bar,” given that a victim with more than 50% fault is barred from receiving damages.

In effect, this rarely blocks cases.  Most people suing for damages after an accident are either innocent victims or shared only a small percentage of fault in their own case.

Under both states’ rules, the victim’s damages are reduced by their share of fault.

Car Insurance Rules

In New York, you might be familiar with your state’s “no-fault” insurance rules.  Under these rules, you cannot sue an at-fault driver unless you have “serious injuries.”  These rules also require you to have $50,000 of coverage for your accident to cover you and others in your car.

In Pennsylvania, we also have a no-fault system, but it has some choice in the matter.  Our base requirement is only $5,000 for medical coverage for yourself, so your New York insurance should be plenty.  Additionally, we have a different threshold that allows lawsuits when you have serious injuries or when other circumstances are met (such as the at-fault driver entering into ARD for drunk driving that caused your crash).  We also have an option that allows you to opt out of this “limited tort” system and have a “full tort” policy so that you can sue any time.

There are often complex ways that insurance policies work when you cross state lines, but your NY policy should meet the standards required for a Pennsylvania policy, reducing the hassle.

Injuries at Work

If you were injured while working, the laws in New York allow you to sue your employer if there were certain violations.  Under Pennsylvania law, you usually cannot sue your employer, even if they violated safety laws.  Instead, you would have to use Workers’ Compensation or file an injury lawsuit against a third party.  Again, most cases involve situations where a lawsuit would be blocked in both states, so the state it was filed in does not change many cases, and our lawyers can help you find relevant third-party defendants to sue if you were hurt at work in Pennsylvania.

Statute of Limitations

New York law gives you 3 years from the date of the accident to file an injury claim, but Pennsylvania law only gives you 2 years in most injury cases.  You have to follow the 2-year rule when filing in Pennsylvania, even if you live in New York.

Consult with an Experienced Philadelphia Personal Injury Attorney for Your Out of State Claim

If you or a family member was the victim of an accident, contact an experienced Allentown personal injury attorney as soon as possible. At the Reiff Law Firm, our attorneys possess decades of legal experience serving our clients, and we would be honored to use our knowledge to represent you. You do not have to fight your legal battles alone. To schedule a free case evaluation, contact the Reiff Law Firm at (215) 709-6940, or contact us online.