Even for a Riverside accident attorney the chance to get away from it all on the annual vacation is something that is looked forward to. Chances are that for most people their biggest concerns are what to pack and how long it’s going to take to get there. Probably the last thing on anybody’s mind is what they should do in the event of an accident whilst on vacation. As sad as it may seem, accidents whilst on vacation do happen and when it does, there is plenty to consider regarding your legal rights
Let’s say that you reside in California but have driven down to Acapulco in Mexico. You have had a great couple of weeks and feel well rested and fully recuperated and now you are taking the long drive back again. However on the way back you are involved in an unfortunate car accident. You have sustained some injuries, but you do manage to eventually get back home. When you get back you find that you have to have more time off work in order to recover. You also incur medical expenses. Inevitably your own car insurance policy will cover these expenses, but say for arguments sake that you would like to sue the other driver involved as you feel that the accident wasn’t your fault, then what should you do?
A Riverside Accident attorney explains that clearly in this situation, one of the first things that you need to ascertain is where to make the claim. Do you base the claim in the state or province that you had the accident, or do you make the claim where you reside, in this case California. Choosing between the different locations can be a little difficult as there are pros and cons for each. However a court of law has determined a series of questions which will determine where the best place to be represented will be. In this instance a location in law speak is known as a ‘forum’
Some of the factors taken into consideration to determine the best forum are:
- The plaintiff’s connection to the location (forum)
- The defendant’s connection with the forum
- The disadvantages and advantages of either party in relation to the chosen forum
- The willingness of the Mexican court to respect an order made under Californian jurisdiction
A court will weigh up all of these factors to determine where the best place to file a claim will be. Again if you are unsure of the procedures, then a Riverside County accident attorney who is well versed in dealing with such situations will be able to advise you on how the courts might base their outcome. Once a location has been chosen, the next issue is to verify under which law the court will be using. Generally speaking, the forum that the case is based in will also determine under which law the case is heard under. This can be a good thing or it could be a bad thing, depending on what the situation is.
Like any accident that has happened through no fault of your own, it is always best to consult an experienced Riverside accident lawyer as soon as possible so that you can determine exactly what your rights are. An important issue such as a statute of limitations is more often than not governed by where the accident occurred. Therefore the chances are that you will want to obtain this information as quickly as possible so that you can file a claim within the given legal time frame.
The right Riverside accident attorney who you choose to represent you will either do one of two things, based on your requirements. They can either refer you to an attorney who is acting within the jurisdiction of where the accident has taken place, or alternatively if requested they can take the case on themselves and make their own enquiries. Whatever you decide, the lawyer will make sure that you are in good hands. Like all accidents, you don’t expect them to happen, but when they do it’s good to know that there are a team of attorneys out there who are willing to help.