A personal injury claim can only be brought in a state that has personal jurisdiction over the defendant. If the accident occurred in Georgia, then Georgia will automatically have personal jurisdiction over the defendant.
If the accident occurred in another state, a claim will most likely need to be filed in that other state or in the state where the defendant resides. If you have been in accident with an out-of-state motorist, you should speak with an experienced personal injury attorney to fully understand your rights and options.
What is Personal Jurisdiction?
Personal jurisdiction is the power of a court to render judgments over an individual. This type of jurisdiction only exists over individuals that have some type of contact with the state in which the court sits. For instance, if a person has never been to or had contacts with a state, then no court in that state would have personal jurisdiction over them. If a court lacks personal jurisdiction over an individual, it has no power to render a binding judgment over them.
The requirement that a court have personal jurisdiction over an individual is a protection afforded by the United States Constitution. It is unjust to expect anyone to be subject to the judgments of the courts of states with which the defendant has no history. However, as long as a person has had minimal contacts with a state, it is constitutional for one of that state’s courts to hold personal jurisdiction over the person.
The Georgia Long Arm Statute
Georgia statutory law has defined the personal jurisdiction that Georgia courts hold over out-of-state defendants that commit torts in Georgia. Under Georgia’s Long Arm Statute, Georgia “may exercise personal jurisdiction over any nonresident” that “commits a tortious act or omission within this state.” When an out-of-state resident causes an accident in Georgia, a victim can bring a suit in the county where the accident occurred, or in the county where the victim resides. However, it is important to remember that out-of-state defendants must be properly served with notice of any lawsuit against them in their home state.
Contact the Kennesaw, GA Personal Injury Attorneys at Williams Elleby Howard & Easter, for More Information
If you have harmed due to the wrongful conduct of an out-of-state motorist, it is crucial to be aware of your rights. The personal injury attorneys at Williams Elleby Howard & Easter, have experience handling personal injury claims against defendants that reside in and outside of Georgia. They can help you understand your legal rights and options, and make sure you file your claim in the appropriate court.
Williams Elleby Howard & Easter, is dedicated to getting auto accident victims the compensation they deserve. The attorneys at Williams Elleby Howard & Easter can investigate the facts of your case, help you understand your legal options, protect your rights and interests, negotiate with the opposing party, and ultimately get you the best possible outcome. For more information about this issue or to schedule a consultation to discuss your case, call Williams Elleby Howard & Easter, at 833-LEGALGA today.
