If you watch enough courtroom-themed television programming, you likely have heard certain legalese words like jurisdiction and venue. In the real world, these terms are essential concepts that can make or break whether your case goes forward in the court where you filed it… or is dismissed before a trial begins. That is especially true if the state you call home and the state where your accident took place are two different places. A knowledgeable legal advocate can help you ensure that your efforts to get justice go forward in a court of proper jurisdiction and venue. If you have questions about your Oregon crash, consult an experienced Oregon auto accident lawyer about how best to proceed.
A common thread links two terrible recent crashes: they involve people who died in out-of-state accidents. Earlier this month, an Oregon man died in Idaho following a two-vehicle accident. The man was a passenger in a car that was making a left turn from a northbound highway when a southbound SUV hit the car.
In September, the accident scene was in Marion County, Oregon. According to police, a Silicon Valley woman, who was headed southbound, “entered the intersection, which is controlled by stop signs,” when an eastbound driver slammed into her, sending both vehicles “off the roadway and into a field.” The woman’s 88-year-old passenger, also from California, died at the scene.
While both deaths involved out-of-state accidents, the incidents were strikingly different in one way. In the Marion County crash, the California woman and her passenger were more than 600 miles from home. In the Idaho accident, the Oregon man was less than 10 miles from his hometown.
Selecting a Court
Whether you are a few miles from home or several hours away, you must be aware of certain legal information if your accident crosses state lines. One key piece of knowledge is the law of “jurisdiction.” Broadly speaking, jurisdiction refers to a court’s power to resolve disputes and issue binding decisions and orders.
If you are seriously hurt (or have lost a loved one) in an auto accident, you can file a lawsuit anywhere for the harm you have endured. Your lawsuit, however, will be vulnerable to a swift dismissal unless you have filed your complaint in a court that has jurisdiction over your case. Filing in the wrong place can cost you valuable time — lost time that, in some circumstances, can prevent you from getting justice at all.
Questions of jurisdiction in out-of-state auto accident cases can be complicated, which is one reason why having knowledgeable legal representation is vitally important. Generally speaking, the courts of the state where the accident happened will have jurisdiction over any lawsuits. Even if, for example, you are involved in a crash in Washington where no drivers are Washingtonians, Washington state courts may still be the correct jurisdiction to pursue the drivers who were negligent and caused the accident. In some matters, though, you may have a choice of multiple states’ courts, even if none of them are your home state. When that occurs, it is vitally important to consult skilled legal counsel, as this selection may make a significant difference in the outcome of your case.
If you are involved in an Oregon accident, even if you live far from the Beaver State, you may need to hold the wrongdoers accountable in an Oregon court. That means you need legal counsel who is fully versed in Oregon’s rules of civil trial procedure, fully up-to-date on Oregon’s statutory laws and court decisions, and keenly familiar with the Oregon courts where your case will proceed. For personalized attention, knowledgeable advice, and experience-driven advocacy, call the Oregon auto accident attorneys at Kaplan Law LLC. To learn more about how we can assist you, call (503) 226-3844 today or contact us online to schedule your free consultation.