It is complicated and stressful enough to be involved in an accident in one's home state- but when injuries occur across state lines, things get even more difficult.
Depending on where the victim and at-fault parties live- and where the accident occurred- someone may have to raise a case and fight a claim in a different state.
The question is, do people have to hire a lawyer from the state where the claim is filed- or can they hire an out-of-state lawyer from closer to home?
Here is an overview of the rules concerning out-of-state lawyers, where people can and cannot practice law, and what it means for someone involved in a personal injury case away from home.
Understanding Jurisdiction in Personal Injury Cases
The first thing to understand about legal representation and injury claims is the jurisdiction laws and how they determine where the case is brought forth.
With the exception of cases tried in federal court (breaches of federal law), most legal claims should be brought forward in the state where the accident or incident took place.
That means that a person from New York State who has a car accident in Philadelphia will need to file a claim under Philadelphia state laws, in Philadelphia.
Jurisdiction applies to where the case is tried- not to who can or cannot provide legal advice and representation.
Usually, the attorneys on the case must be licensed to practice in that state. As such, people involved in claims outside their state can hire in-state counsel.
If, however, a victim wants to retain the legal services of a specific attorney from their own state to represent them elsewhere, it could be possible.
Can an Out-of-State Attorney Represent a Client in a Personal Injury Claim?
The simple answer to this question is yes- it is usually possible to hire a lawyer from another state to provide legal counsel and representation in a personal injury case elsewhere.
Each state law is slightly different and has its own process and criteria, but it is generally possible.
Pro Hac Vice Admission
Bar certification rules stipulate that any attorney practicing law must be admitted to the state bar association for that particular state.
Someone admitted to the California state bar is not automatically qualified or allowed to assist in legal matters in Florida, for example.
Pro Hac Vice is an admission process that gives an out-of-state attorney permission to represent their client in another state for one occasion only. Some states require them to work together with an in-state attorney.
Reciprocity
The reciprocity rule is an agreement between certain states that allows attorneys from one state to transfer temporarily to another state for a case. There are conditions- which vary between states.
Ohio lawyers who meet the reciprocity requirements are permitted to practice law in 42 other states. The requirements include:
At least five years of legal practice
ABA-accredited school degree
Possible background check (state dependent)
Hiring an Out-of-State Personal Injury Attorney from Ohio
It is important to consider what the best choice is in an individual case. Hiring a personal injury lawyer from another state to represent a victim away from home could be beneficial, but there are other things to think about.
If an attorney is licensed and experienced in more than one state court- including the home state and jurisdiction state, then it makes sense to take advantage of that situation.
On the other hand, an attorney who has never practiced in the jurisdiction state may have less understanding of the state's laws and processes.
There is little room for error when going up against a criminal defense attorney practicing on their home turf, so it is vital to choose a law firm with exceptional legal knowledge of personal injury laws in that state.
Victims must also ensure there is no question of unauthorized practice that could jeopardize their case.
If the attorney is not licensed to practice law in the state where the incident took place, the correct procedures must be followed to gain access and permission.
Why Is It Important to Work with Trusted Personal Injury Lawyers?
What matters most when choosing legal representation in a personal injury claim is trust, competence, and reliability.
A person's personal injury attorney in Toledo OH is their first line of defense against claim denials, low-ball settlements, and appeals against their attempt to recover compensation.
The attorney-client relationship is vital- since victims place so much trust in their lawyer's hands. As well as having an attorney licensed to practice in the state, it matters to have someone on the team that the victim believes in.
That is a big part of the reason so many people prefer to hire representation from their home state.
Schuerger Schunnarah Trial Attorneys: Dedicated and Relentless Legal Representation Where and When You Need It
Schuerger Schunnarah Trial Attorneys of Toledo, Ohio, go to war for injured victims across the US. Get the familiarity and compassion of a local attorney with the reach and knowledge of an elite nationwide legal team. They can also go into detail on the catastrophic injury legal definition.
The personal injury team at Schuerger Schunnarah is impeccably knowledgeable regarding laws across multiple states- and is dedicated to detailed research and careful planning to ensure faultless representation from beginning to end, no matter what, no matter where.
With offices in almost a dozen states, extensive experience in state and federal courts, and a passionate team of expert attorneys ready to represent victims in out-of-state claims, Schuerger Schunnarah is the first choice for any personal injury claimant who needs a team they can count on. They can also share some common causes of burn injuries.
Arrange a Free Consultation Today
Location should not hold anyone back from having the legal team they want and trust. Speak to the team today to discuss case specifics and learn more about hiring out-of-state attorney services from Ohio.
Whether you have a case in another state or are from elsewhere filing a claim in Ohio, Schuerger Schunnarah will go to war for you.