The interstate nature of accidents involving Massachusetts drivers in Nashua can make building a personal injury claim more challenging.
If you are injured in a car accident in Nashua by a driver from Massachusetts, you may wonder which state’s laws apply and where you should file a personal injury lawsuit. Accidents involving parties from different states bring additional complexity when sorting out the legal issues.
This article provides an overview of cross-border accident cases and how Nashua lawyers approach personal injury claims when out-of-state drivers are involved.
Determining Which State’s Laws Apply
The first question is which state’s laws will govern the case if it goes to court. For car accident lawsuits, the general rule is that the substantive laws of the state where the accident happened will be applied. Since the crash occurred in New Hampshire, New Hampshire negligence laws and injury compensation rules would form the basis of the claim. Procedural issues related to filing the lawsuit may use the laws of the state where the case gets filed.
This means that even though the at-fault driver resides in MA, NH statutes about traffic violations, auto insurance coverage, proving fault, types of damages available, and comparative vs. contributory negligence would be used. The one exception is if both parties are from Massachusetts and just happened to be traveling through New Hampshire when the collision took place. In that instance, a court may opt to apply Massachusetts law instead.
Where to File the Personal Injury Lawsuit
When an accident involves victims and defendants from different states, jurisdiction can be established in either state. Lawsuits related to Nashua crashes with Massachusetts drivers can typically be filed in either New Hampshire or Massachusetts.
In New Hampshire, the case may be heard by the state superior court in the county where the accident occurred. The out-of-state driver would have to travel to New Hampshire to defend against the lawsuit. In Massachusetts, the driver’s home county superior court would have jurisdiction to hear the personal injury case under long-arm statutes.
Long-arm laws allow a state’s courts to have power over non-resident defendants as long as minimum contacts, such as driving on the state’s roads, are met.
Strategic reasons often influence the plaintiff’s choice of which state to sue in. Filing in Massachusetts may be preferred if higher compensation amounts are awarded there compared to NH. However, retaining a local Nashua personal injury lawyer familiar with New Hampshire personal injury litigation may outweigh the benefits of the defendant’s home state court.
Serving an Out-of-State Defendant
Once the plaintiff decides on the appropriate venue, the next step is serving the defendant notice of the pending lawsuit. If filing in NH, the requirements for serving an out-of-state driver differ from defendants who reside in-state. Acceptable methods include certified mail with a signed return receipt, personal service by a sheriff in Massachusetts, and other court-approved ways of documenting actual notice.
Special considerations also come into play when enforcing a judgment. Collecting compensation from an MA resident can be more difficult if they do not own New Hampshire assets.
Settling Without Filing a Claim
Despite the complex choice-of-law and jurisdiction questions, most accident cases settle out-of-court regardless of state boundaries. Through negotiations by Nashua injury attorneys on both sides, mutually agreeable compensation is typically reached.
MA drivers who spend significant time driving in New Hampshire usually carry enough auto insurance to cover cross-border crash liabilities. Settling avoids courtroom arguments over legal intricacies when victims simply want fair payment for injuries.
Consult a Local Attorney for State-Line Crash Cases
The interstate nature of accidents involving Massachusetts drivers in Nashua can make building a personal injury claim more challenging. Working with an experienced New Hampshire attorney levels the playing field and helps victims obtain rightful recovery through settlement leverage, litigation expertise, and completely understanding which state’s substantive laws favorably apply. They will evaluate all aspects of a cross-border crash to chart the clearest path to maximum compensation for your injuries and damages.
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