14 Dec

3 Steps To Take If You Are Injured In An Accident In Another State

Personal Injury

traveling out of state accident injuries

This winter holiday season will look much different for the entire world. Navigating Christmas and New Year’s in a pandemic, just like navigating how to celebrate Thanksgiving in a pandemic, will be challenging for many families who live in separate states or even separate countries and typically travel to be together for Christmas. The holidays are a time for gathering, but because COVID-19 levels are at record highs in the United States, the CDC is recommending that all holiday gatherings be kept small, or virtual, or with members of the same household only (those are the types of gatherings that pose the lowest risk for transmission).

Many people will make the riskier decision to travel to see family or friends in other states for many reasons. However, it’s important to remember that COVID-19 isn’t the only risk that traveling poses. Traveling around the holidays always carries the risk of accidents – car crashes, electrical or kitchen fires, falls due to icy sidewalks. Most people understand what they would do if they were injured in an accident in their city, like call their doctor or go to the nearest ER or call a local lawyer, but being injured while in (or on the way to) another state poses additional complications. Do you have to go to the ER right away, or can you wait a few days until you are able to return home and see your primary care physician? If you decide you want to contact a lawyer, how long do you have to do it, and do you contact one near you or in the state you were injured in? Are you less likely to get insurance to cover your injuries if you are injured out of state?

If you are traveling out of state this holiday season, it’s important to have a plan and be prepared for a possible accident scenario. Here are 3 steps that you should take after an accident in order to make sure that you have the best chances for getting the coverage/compensation you deserve for your injuries.

  1. Call the police and document the damage (if the accident involved another party).

    This is something that applies regardless of where the accident takes place. If the accident was a car accident, or another type of accident involving someone outside of your family and friends, it is important to notify law enforcement, no matter how minor the accident may seem or how much the other party pleads with you to settle the issue between yourselves. Only the local police can verify what happened at the scene and make an official accident report that can benefit you later if it turns out that the extent of your injuries does merit compensation. If you are able to, take pictures of the accident scene and of the damage (including your injuries, if they are visible), as this can also benefit you later if you do have a case for compensation.

  2. Seek medical treatment immediately where you are, even if you do not feel hurt.

    This is something else that applies regardless of where the accident happens. It is imperative that you seek medical attention as soon as possible if you are injured in an accident while traveling out of state, even if you don’t feel hurt or you think that your injuries are inconsequential. Adrenaline can prevent you from feeling your injuries for hours, days, or even a week or more – some injuries take time to present themselves. Find a local hospital or doctor who can see you, but do not wait until the holidays are over or until you return home. Go to the nearest ER if necessary. Traveling may aggravate your untreated injuries further or be incredibly dangerous; for example, if you have a head injury, it could become deadly if left untreated.

  3. Call a local lawyer in the place where the accident occurred first.

    This is where many people get confused. If there are severe injuries involved in an accident that occurred while traveling out of state, should you call a lawyer near where the accident occurred or in your hometown? What state’s laws will apply if each state has different laws? For example, Florida is a no-fault state; no matter who caused the accident, injured accident victims are required to go through their own insurance first. If you are traveling to Disney World, for example, and you live in Alabama, you do not have personal injury protection (PIP) insurance, so how would a case like this proceed?

    The legal assumption in cases like this is that the laws of the state where the accident happened will apply, but this can still leave many of your questions unanswered. That is why it is important to contact a lawyer who understands the local state’s laws. You do not have to wait until you return home to contact a local lawyer, but you also do not have to stay where you are at to contact one. Today, there are many options available for effective communication across states – and in the pandemic, many law firms are utilizing video conferencing technology like Zoom to serve clients who are not local. Your case may be able to be completely handled virtually. If the lawyer is unable to help you from afar, they may be able to recommend other lawyers in your area or work together with a lawyer in your area to try your case, negotiate with your insurance company, and recover the compensation you deserve.

If you are traveling in Florida this December to January and are injured in an accident, whether it is vehicular or otherwise, call The Florida Law Group immediately. We offer quality representation for injured accident victims across the state of Florida, and we also have been nationally recognized by many prestigious legal organizations for our ability to get verdicts for our clients. As such, we have extensive connections with law firms and legal groups across the United States. We offer all of our legal services on a contingency fee basis, meaning that you do not have to pay us anything unless we are able to recover a settlement for you. Our law firm also offers free, virtual consultations. Please contact us today to schedule a consultation and learn about your legal options!