A viewer writes in and wants to know where he should hire a Delaware attorney if he was visiting from out-of-state and was injured in an accident? Attorney Ben Schwartz offers some insights!
Hi, I’m Attorney Ben Schwartz.
Today, we are going to answer a viewer question. Will from Canton, Ohio asks: “I was visiting Rehoboth Beach, Delaware and I was injured in a car accident. Do I need an attorney in Delaware or can I get one in Ohio (where I am from) to help me?”
You probably should get a Delaware personal injury attorney to handle your car accident case. When you file a lawsuit again an at-fault driver, the court will take a look at the connection between that driver and the state the court sits in. If you file a lawsuit in Canton, Ohio against someone who negligently caused an accident in Rehoboth Beach, Delaware, the court in Canton, Ohio will likely say that the at-fault driver has no connection to Ohio. Therefore, they can not constitutionally force that person to come out to Ohio in order to litigate the case. Unless the at-fault driver has some connection to your home state, you probably can’t file a lawsuit there. You would probably need to go to Sussex County, Delaware (where Rehoboth Beach is located) and file a lawsuit there.
When dealing with insurance companies, one of the things they tend to look for when determining how much to pay on a personal injury claim is whether or not that person is a threat. If you hire an attorney in Ohio to handle your personal injury case, you may be shooting yourself in the foot. That attorney is going to present the claim to the insurance company when it comes time to settle. The insurance company is going to say, “This isn’t even a threat. You are not even in Delaware, so how are you going to file a lawsuit?” It will potentially impact the settlement value of your personal injury claim.
My advice is that if you are injured in an accident in Rehoboth Beach, hire a lawyer in Delaware. Conversely, if you are a Delaware resident traveling in Ohio and get injured in a car accident in Ohio, you can contact us. We will most likely find someone to represent you in Ohio who is trustworthy and who can handle your personal injury case for you. I hope this answers your questions, Will!
I’m Attorney Ben Schwartz. If you have a question you would like for me to answer on the air, please submit it to our Facebook page or through the email form below.
Thanks for watching!