Q: My daughter had a slip and fall accident in Colorado but lives in Florida. Can she retain an attorney in Florida ?
A:
It depends. Determining where a case must be brought, can be brought, and who can practice in front of those courts is a question of law. Therefore, you need to talk to an attorney, maybe in both states.
That being said, here are a few comments to aid in your search for an attorney.
For CO, personal injury is typically covered by state law. Therefore, subject matter and personal jurisdiction may be an issue. IE, if the injury occurred in NY, the case may not be eligible to be brought in CO. It depends.
If the case must be brought in CO, then you may wish to hire a CO attorney or an FL attorney authorized to practice in CO. In the alternative, an out of state attorney may be able to gain temporary admission to other state courts.
In certain cases, the case may be brought in federal court, but it still may require it to be brought in the proper district.
All that being said, you may wish to schedule a few free consultations in both states. You may be able to do these over the phone. Regardless, you need to discuss the underlying facts so that you can get better guidance.
Sorry to say but like most questions asked on this forum, the answer is that it depends.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
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.