Early last week, a Canadian motorcyclist was killed when a car entered the lane that the motorcyclist was occupying. According to a local Florida news report, the Canadian resident was driving his motorcycle with a passenger east on SR 72 close to Proctor Road. A Mercedes was driving south on Proctor Road and failed to stop at the stop sign.
Evidently, the Mercedes driver pulled right in front of the motorcyclist’s path. Sadly, the motorcyclist was taken to a hospital but later died as a result of his injuries. The passenger on the motorcycle was severely injured and is currently being treated in nearby Bradenton for her injuries. The Florida State Police are still investigating the case, and charges are pending in the incident.
Non-Florida Residents Bringing Lawsuits in the State of Florida
In many instances, accidents involve drivers who are from the same state. However, certain circumstances arise when personal injury lawsuits need to be brought in a state where a plaintiff is not a resident. When bringing a personal injury suit, it is important to note whether the state has subject matter jurisdiction and personal jurisdiction over the defendant. This means that a determination needs to be made regarding whether the state has power over the actual defendant and the particular type of case at issue.
Even if a plaintiff is not a Florida resident, he or she may still bring an action in Florida. In order to do this, the plaintiff must ensure that the court has personal and subject matter jurisdiction. Getting subject matter jurisdiction is clearer than personal jurisdiction. To simplify, if an accident occurs in Florida, the plaintiff does not need to be a Florida resident.
To get personal jurisdiction in the state against a non-Florida resident, there are certain requirements that must be met. For example, personal jurisdiction can be met if the defendant is served in the state. Additionally, personal jurisdiction can be acquired if the suit is against a defendant who caused an accident in the state, or if the defendant has engaged in a certain amount of business in the state.
Have You Been Injured in an Accident in Florida?
If you or a loved one has been injured or killed in an accident in Florida because of another’s negligence, you should contact an attorney to discuss your rights and remedies. As was discussed above, there are many requirements to bringing a proper personal injury lawsuit in Florida. It is important to ensure that the right forum is utilized and that all necessary parties are added. The laws can be complicated, and having an experienced attorney to assist you is invaluable. If you are successful, you may be entitled to monetary compensation for your injuries. This often includes damages for your past medical bills, future medical expenses, and possibly pain and suffering resulting from the accident. The attorneys at the Dean Law Firm have extensive experience handling, negotiating, settling, and litigating personal injury lawsuits. Contact our office today at 352-387-8700 to schedule a free initial consultation.
More Blog Posts:
Florida Helicopter Crash Results in $16 Million Verdict, Ocala Injury Lawyers Blog, published October 3, 2014.
Florida Police Patrol Car Gets into Accident with SUV, Ocala Injury Lawyers Blog, published December 13, 2014.