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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.