Jurisdiction laws typically require that you file a case in the state where the accident occurred. However, it is common for plaintiffs to want to hire a lawyer from their home state. In general, an attorney must have admittance to the state bar in the state in which he or she wishes to represent a client.
If you were in a vehicle at the time of an accident, you certainly want to seek medical attention. You'll want to hear a doctor clear you of any risk too. Once that has happened, it may become questionable to ask an attorney to help you pursue a claim.
Enjuris tip: If no one was hurt or there was no damage, it may not be worthwhile pursuing a personal injury claim with an attorney.
Most commonly, a personal injury case will be filed in the state where the accident occurred. This means that even if both you and the other driver are not from Texas and you get into a car crash in Texas, you may still wind up in Texas court. Traveling in another state means that you are subject to the laws of that 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.
In all honesty, in 95% of the cases, the location of the attorney doesn't matter. We don't live in the 1800's anymore where people had to hire an in town attorney, as there were no other options. In today's legal market, it's the lawyer that matters, not where they are.
If the attorney loses the case, the client is still responsible for legal fees as stipulated in the original retainer contract. Some attorneys may agree to withhold billing until the end of a case, but they will still expect payment regardless of how the case ends.
If your case isn't winnable, no lawyer will want to waste your time, or the court's time, pursuing legal action. However, if you have a case where the facts and evidence are in question, but the damages you could recover are high, an attorney with extensive experience in cases like yours might take the case.
If you lose your case, the lawyer does not receive any payment from you. However, whether you win or lose your case, you will have to pay some or all of the court costs and other expenses, which can be quite high.
Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.