Can You Bring a Lawsuit Against Someone from Another State?

Imagine a scenario where you’re driving your vehicle to work and you stop at a red light. Suddenly, there’s a crash, and you’ve been rear-ended. Law enforcement and emergency personnel arrive. You have serious injuries. The police produce a copy of the accident report revealing that the person who hit you is an out-of-state driver. 

When an out-of-state person injures you, it poses unique considerations to try and get a fair recovery for your damages. Here’s what you need to know about jurisdiction, suing an out-of-state driver for a personal injury, and hiring an experienced Tampa personal injury attorney to help you navigate the process.

Can You Bring a Lawsuit Against Someone From Another State?

Generally, the answer is yes, you can bring a case against someone from another state. There are a few extra things to consider, though. However, with some planning, you can seek recovery in Florida from an out-of-state person who hurts you, especially if the personal injury occurs in Florida.

Related: How To Sue After a Car Accident in Tampa, FL.

What’s Jurisdiction?

Jurisdiction is the court’s authority to hear a case. Not every court in the United States can hear every type of case. In fact, most courts can only hear limited types of cases. A court can’t make a decision about a case unless they have the authority to decide the case. Having the authority to hear a case is called jurisdiction.

Types of Jurisdiction

There are multiple types of jurisdiction, meaning there’s more than one requirement a court needs to fulfill to have the authority to hear a certain type of case. The two types of jurisdiction are personal jurisdiction and subject matter jurisdiction.

Personal Jurisdiction

Personal jurisdiction refers to the court’s authority to make a decision about a case involving a certain person. A person can’t file a lawsuit in Florida against a person in Alaska who has never been to or had anything to do with Florida. Rather, it must be fair for a person to have to respond to a case in a particular court. There are a few different ways a court can have jurisdiction over a person in a case.

A Florida court always has jurisdiction over a person who lives in Florida. If a person lives outside of Florida, they must have enough contacts with the State of Florida for it to be fair for them to have to answer a lawsuit in the state. The court looks at the person’s contacts to the state, and whether it’s reasonable for the person to be hauled into a court in the state.

Generally, in a personal injury case, the court has personal jurisdiction over a person because of the person’s presence in the state. If the injury occurs in the state, the person or a corporation’s agent is typically in the state when the accident occurs. Alternatively, if the injury happens in another state, and the person or corporation is domiciled, or has their principal place of business in Florida, that’s enough for personal jurisdiction, too.

A person can consent to personal jurisdiction for a lawsuit. This consent can be expressed or implied. In the case of a Tampa car accident claim, consent over a person is usually implied, because the person chose to drive a vehicle on the roads in Florida.

Finally, the most confusing way a court can have jurisdiction over a person is through minimum contacts. This looks at the entire circumstance to determine if it’s fair for a person to have to answer to a lawsuit in that location. This type of evaluation is very fact specific, and the other side might ask the court to transfer the case to a more convenient or appropriate court.

Subject Matter Jurisdiction

Subject matter jurisdiction is a court’s authority to hear a certain type of case. Different courts are set up to hear different kinds of cases. For example, if you want to file for bankruptcy, you go to the federal bankruptcy court set up for that purpose. If you want to get divorced, you go to a state court that hears family law matters.

Subject matter jurisdiction is by design. That is, the legislators and others who set up the courts decide what courts are going to hear what types of cases. Subject matter jurisdiction isn’t something that the parties to a lawsuit can waive. Even if they wanted to, they couldn’t ask a bankruptcy court to hear a personal injury case.

Different Florida courts have subject matter jurisdiction over different types of cases. Florida County Courts can hear cases where the amount in dispute is not more than $15,000. Florida also has Circuit Courts, District Courts of Appeal, and a Supreme Court. When you’re hurt because of an out-of-state driver, you must make sure you file the case in the right court.

What Is Florida’s “Long-Arm” Statute?

Florida’s Long-Arm Statute is defined in Florida Statute § 48.193. Under this statute, courts are allowed to exercise jurisdiction over defendants who are out-of-state and have minimal contact or association with Florida.

Even if a person does not live or a business does not operate in Florida, they can still be sued in the state’s courts.

In the context of a car accident in Florida, drivers operating vehicles on Florida’s roadways is enough for the state to exercise its long-arm statute.

Can Your Case Be Heard in Federal Court? Understanding Diversity Jurisdiction

Under diversity jurisdiction, you may be able to take your case to federal court if you’re pursuing a lawsuit against someone from another state. Diversity jurisdiction allows federal courts to hear cases when the opposing parties live in different states. However, two requirements need to be met:

• Complete diversity: The plaintiff (or plaintiffs if there are several involved in your case) must be from different states than the defendants. There cannot be any overlap in where plaintiffs or defendants are from.
• Amount in controversy: The amount of damages that you’re pursuing must be over $75,000.

Additionally, an attorney might choose to file your case in federal court over state court for several reasons, including:

• Federal courts follow different procedural rules. Some view them to be more neutral in their approach, especially when the two opposing parties are from different states.
• They offer a more streamlined process, which can be helpful in complex cases.

Jurisdiction vs. Venue: Where Exactly Do You File Your Lawsuit?

It’s important to understand the concepts of jurisdiction versus venue when pursuing your claim. While we’ve covered jurisdiction, let’s take a closer look at how venue rules can play a role in your case.

• Jurisdiction is used to determine which Florida county courts can hear the case (federal or state).
• Venue refers to the proper geographic location where a case should be filed when suing someone out-of-state in civil court.

Venue Rules for Suing Someone Out-Of-State

Venue rules make it so that the lawsuit is filed in a fair and convenient location. Issues related to venue are typically tied to:

• Where the accident occurred (for example, which county the accident happened in).
• Where the defendant lives if they do live in Florida.

Overall, accidents involving out-of-state defendants will typically have a venue associated with where the accident happened.

Why Venue Matters

Venue can impact your case’s convenience and legal strategy. Some ways it affects the outcome include:

• Convenience of access to witnesses and evidence involved in your case.
• Attorneys may be more familiar with certain venues because they’ve tried cases there before. Their familiarity with the judges and court system can serve as an invaluable legal strategy.

Is There a Deadline for Filing Your Lawsuit?

As with many states, Florida imposes strict deadlines for filing personal injury lawsuits. These deadlines are known as the statute of limitations, and in Florida, the statute of limitations for personal injury claims is two years from the date of the injury as outlined by Florida Statutes § 95.11(4)(a). 

This deadline recently changed and applies to all cases, even those where the defendant lives out-of-state. The statute of limitations in a defendant’s home state does not apply to cases filed in Florida.

Related: How To Sue for Personal Injury in Tampa, FL.

How Are Legal Papers Served to an Out-Of-State Defendant?

It can be tricky to serve an out-of-state defendant, but it’s not something that should feel overwhelming or complicated to do — especially with the right attorney.

Florida provides clear guidelines on how to serve a defendant who is out-of-state. There are different ways and several methods you can use when serving an at-fault driver. Let’s take a closer look at those guidelines and additional requirements that might exist.

Professional Process Server

A professional process server is a licensed professional who will personally deliver the lawsuit papers to a defendant. Typically, the licensed professional server is someone in the defendant’s home state. Under Florida Statutes § 48.021, the state recognizes and accepts process servers who are licensed in other states.

Service by Certified Mail

Some states allow you to serve legal papers through certified mail with a return receipt requested. In Florida, the courts only allow this method if the defendant’s home state permits it as well.

Substituted Service Through the Florida Secretary of State

You can serve the Florida Secretary of State as the legal agent of the defendant as detailed by Florida Statute § 48.194. This approach can only be used if the out-of-state defendant caused a car accident in Florida or conducted business in Florida, which led to the lawsuit.

If you use this method, you must also mail a copy of the lawsuit to the defendant. This is known as the notice and mailing requirement.

Why Is Proper Service Important?

It’s crucial that you use an approved method to serve an out-of-state defendant, and follow all guidelines associated with that method.

• If you do not properly serve a defendant, this would constitute improper service and could result in case dismissal.
• It is mandatory that you provide proof of service, and that proof of service be filed. Accepted filings can include a process server’s affidavit or a certified mail receipt.

Additionally, there are deadlines that you must adhere to in order to maintain your case. Under Florida Rule of Civil Procedure 1.070(j), you typically have 120 days to serve the defendant after you file your claim.

Why Hire a Tampa Personal Injury Attorney?

The nuances associated with suing someone in another state can feel overwhelming and that much more complicated. This is where the experience of a well-versed personal injury attorney in Florida can be invaluable.

Our Tampa personal injury attorneys have supported countless victims just like you who have been injured on Florida’s roadways because of the negligence of an out-of-state driver. We have decades of experience helping plaintiffs sue out-of-state defendants, and helping them recover the compensation they deserve in a Tampa car accident claim.

You can learn more about your legal rights and options, how to sue someone in another state, and the overall strength of your case when you get in touch with our team. You can also learn more about our law firm when you read our testimonials. Schedule a free case evaluation to work with one of our experienced attorneys today.