Q: I got injured in a car accident in Ohio but I was visiting there from Kentucky. Do I still have to go through court
there or can I file in Lexington?
A: Typically, a lawsuit is filed where the defendant (1) resides; (2) has a principal place of business; (3) conducted activity giving rise to the claim; or (4) where all or part of the claim took place (i.e. where the accident took place). However, a lawsuit can be filed where a plaintiff resides, IF the lawsuit requires out-of-state service OR the plaintiff has been a resident of that county for at least 90 days.
A: The answer is maybe, but it is complicated. There is not enough information to answer. It is important that you hire an attorney who is licensed in both Kentucky and Ohio due to the conflict of laws that arise in this situation. For example, Kentucky insurance policies typically includes PIP coverage, which is a product of Kentucky law. If you took out your policy of car insurance in Kentucky, then it is important you have an attorney who understands how to leverage your Kentucky policy for maximum benefit under the laws of Ohio. Ohio law will apply with regards to who is at fault for the crash and other procedural issues.
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