On vacation, it’s normal to let your guard down and relax—you deserve it! Unfortunately, it is when your guard is down that many accidents occur. Whether skiing down the side of a massive mountain, spending time relaxing around the pool, or sightseeing in a rental car, vacations can present a variety of different ways for you to get injured.
If you are injured on vacation as the result of someone else’s negligence, it’s important to get a lawyer who understands the complexities of handling a lawsuit with parties outside the state of Michigan. Here at Femminineo Law, David and his team of personal injury attorneys are highly experienced and are more than equipped to help you navigate this challenging scenario.
Auto Accidents
Dealing with your Insurance Company: Auto accidents are normal occurrences that often lead to injuries. If you were injured in an auto accident while on vacation, rest assured that you will be able to receive all the personal injury protection benefits that are due to you through your insurance policy. This includes compensation for medical expenses, lost wages, replacement services, and property damage.
Because 1st party lawsuits deal with your own insurance company, there are no special hoops your attorney will need to jump through in order to secure your PIP benefits. The lawsuit your attorney files in this situation will be no different from that of an injury which occurred somewhere in Michigan. Although not all cases of personal injury require a 1st party lawsuit, an overwhelming majority of these cases end up leading to one being filed (given the fact that insurance companies HATE to pay you what you’re owed).
Dealing with the At-Fault Driver: The other half of a personal injury case is what’s known as a 3rd party lawsuit. In a 3rd party lawsuit, the at-fault driver or the “defendant” is held liable for their negligence (which led to your injury). In this half of your case, you are seeking compensation for your pain, suffering, mental anguish, and disfigurement.
Unfortunately, it is this type of lawsuit that poses a challenge for individuals looking to be compensated following an auto accident outside of Michigan. Because of the location of the accident, this is not normally a lawsuit that is able to be tried in a Michigan court. Given the nature of this scenario, an experienced attorney has a few options for helping their client reach a resolution:
- Settlement (In Michigan): In some cases, your personal injury attorney may be able to reach a settlement for your case within Michigan. If your lawyer is skilled enough, they may be able to negotiate with the opposing party across state lines and reach a resolution without the need for a lengthy and expensive lawsuit.
- Association with an Out of State Lawyer: If complications arise, and your attorney is unable to reach a settlement without a lengthy lawsuit, your Michigan injury attorney may still be able to formally represent you. Through the process known as association, attorneys can associate themselves with out-of-state attorneys and practice law in a state that they themselves are not BAR certified in. This is a rather complicated legal process that not all attorneys will be willing to pursue. In the event your attorney is not willing to pursue this route, there are still other options to obtain your compensation
- Referral: A third option your Michigan injury attorney has for helping you pursue a 3rd party lawsuit following an out-of-state injury is to refer you to an out-of-state attorney. Although not an ideal resolution, sometimes a referral to a reputable attorney who practices in the state which the accident happened is a strong option.
Other Cases of Negligence
Besides auto accidents, a variety of different everyday hazards can lead to serious injuries. If something other than an auto accident (slip and fall, trip, etc.) results in you being injured while on vacation, the legal situation likely remains very similar (to that of an auto accident).
Although dealing with liability or homeowners’ insurance (rather than auto insurance), engaging in a 3rd party lawsuit is similarly difficult due to your injury occurring outside Michigan. Your attorney can attempt to settle the matter in Michigan courts, but given the nature of personal injury law, the likelihood is they will either need to associate with an attorney where the accident took place or give you a referral to a reputable injury attorney in that area.
Get David Get Paid
If you or someone you know was recently injured on vacation, do not hesitate in reaching out to Femminineo Law today! David and his team are highly experienced in dealing with all types of personal injuries, including those that happen on vacation. Call David at 855-65CRASH today or visit our website at getdavidgetpaid.com.