What happens when seeking compensation for injuries caused by someone else's negligence but the accident occurred in another state?
The question, " Can I hire a personal injury lawyer from another state?" is one that quickly comes to mind.
Dealing with the complexities of personal injury law is difficult enough without having to compare the laws of one state to another.
However, certain circumstances may force victims to hire a lawyer licensed in another state regardless of how complicated things may become.
In such situations, it helps if the law firm in question has a lot of experience dealing with such cases.
Whether dealing with federal courts or personal injury cases in another state, The Law Office of Carl Maltese can help. Victims can call +1 631-857-3703 right now to schedule a free case evaluation.
Why Would a Victim Require an Out-of-State Attorney?
There are two main reasons why a victim would consider choosing an out-of-state attorney to handle their personal injury case.
The first is that the incident that led to the injury occurred in another state whether the out-of-state attorney is licensed to practice law.
In such situations, hiring a local attorney in the state where the victim lives would not work because the court will only allow a properly licensed attorney from that particular state.
The second reason has to do with federal law. When facing federal charges, the victim is free to choose any licensed personal injury attorney from any state that they choose.
This is because jurisdiction laws do not apply to federal court cases, making it possible to be represented by either a local or out-of-state attorney.
However, before choosing an out-of-state lawyer, victims need to carefully consider what is best for their case.
Often, the wrong choice in state counsel has led to the loss of huge sums of money that victims could have walked away with.
Who Can Practice Law in New York State?
Not every legal services provider is licensed to practice law in New York City.
Before choosing a lawyer to handle a particular legal matter, victims have to know what the law in their state says.
In New York, it usually comes down to jurisdiction and bar certification laws. As such, the choice of a person's attorney depends on the following:
New York Jurisdiction
The first thing the victims need to find out is which state has jurisdiction over the legal matter.
In simple cases, jurisdiction laws will require the victim to use an in-state attorney licensed to practice law in the same state in which the incident occurred.
However, simply because a particular state has jurisdiction over the matter does not automatically mean that an out-of-state attorney cannot provide legal advice for the victims.
New York Bar Certification
Before a lawyer can practice law in New York, they must be admitted to the bar by writing and passing the bar exam.
However, there is also an exception whereby out-of-state lawyers without New York bar certification can be given pro hac vice admission.
Pro hac vice is a Latin phrase that simply means "for this occasion only."
Each state handles pro hac vice situations differently, and there may or may not be a requirement for out-of-state lawyers to partner with an in-state attorney licensed to practice in New York.
Choosing Personal Injury Attorney for Federal Court
One of the situations that requires a lot more research before choosing legal representation is when dealing with federal court cases.
Without strict jurisdiction laws to guide them, victims are free to choose any attorney they desire, regardless of where the accident occurred. They can also answer questions such as what if my personal injury was partially my fault NY?
As such, the deciding factors when making their decisions need to be based on the experience of the injury attorneys, the cost of lawyers' fees, a track record of winning similar cases, etc.
Federal court cases also require pro hac vice admission.
Advantages of Working With a Local Attorney Vs. An Out of State Lawyer
Even when accidents occur in another state, victims may still want to work with a local attorney for a variety of reasons, such as the attorney-client relationship that they have already built.
Having a local attorney also makes it easier for the victim to commute to the law firm for their consultations.
However, an out-of-state attorney has the advantage of already being licensed by the state bar association to practice law in that particular state, meaning there are no pro hac vice requirements.
Also, the attorney will already have a deep understanding of how the law operates in that particular state.
Factors to Consider When Choosing Legal Representation
Coming out on top in any legal issue depends heavily on choosing the right lawyer for the job.
The unauthorized practice of law may also be deemed a criminal offense in some states, which can land the attorney in trouble and jeopardize the entire case.
That is why victims need to consider the following factors when choosing a personal injury lawyer from another state to represent them in a lawsuit:
The jurisdiction laws in their state
Whether the attorney is a member of the state bar association
The attorney's knowledge of how the local court operates
Cost of their legal services
Difficulties in commuting for consultations
Personal Injury Lawyers Can Make or Break a Lawsuit
While the weight of evidence supporting a personal injury claim is very important in determining the outcome of the case, so too is choosing the right lawyer for the job. They can also provide more information on common causes of burn injuries.
Many victims have missed out on the compensation that they deserve because they chose the wrong law firm to represent them.
In New York City, one of the top-rated law firms when it comes to winning personal injury cases is The Law Office of Carl Maltese.
Whether dealing with a stubborn insurance company that is refusing to admit fault or seeking compensation in complicated personal injury lawsuits, arranging a free consultation with The Law Office of Carl Maltese is the best thing to do.