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How to Establish Personal Jurisdiction OnAn Out-Of-State
Defendant
Imagine being involved in a serious car crash. Police officers
and emergency firstresponders arrive on the scene of the crash.
Unfortunately, you sustain serious injuriesand must be transported
to the hospital immediately. As you head to the hospital, anofficer
hands you over a copy of the crash report. It turns out that the
person who hityou is an out-of-state driver. When an out-of-state
Miami Injury Lawyer driver isresponsible for a crash, it can become
more difficult for injury victims because they maybe unsure as to
how to sue the out-of-state driver to obtain compensation for
theirinjuries. In this blog post, we will explain how to establish
personal jurisdiction on anout-of-state defendant after a
crash.
What is Personal Jurisdiction?
You may be wondering, what is personal jurisdiction? In Florida,
a court must have thepower to resolve the rights of the parties in
the lawsuit as well as the issues presentedby the case in order to
proceed. Judicial power over the litigants is known as
personaljurisdiction. To properly exercise personal jurisdiction, a
court must have a legal basis toassert judicial power over the
parties to the case and the parties must have notice of theclaim by
a valid service of process. However, these requirements can be
waived if thedefendant voluntarily appears in the case, asserts a
counterclaim, or fails to raise apersonal jurisdiction challenge
after voluntarily appearing in the case. Generally, allcourts in
Florida have personal jurisdiction over Florida residents. For
instance, a circuitcourt has personal jurisdiction over a party who
is a Florida resident even if thedefendant does not reside within
the particular circuit court’s jurisdiction. However, theability of
a court to exercise personal jurisdiction over a person who does
not reside inFlorida is more complex.
https://www.jaime-suarez.com/
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Exercising Personal Jurisdiction Over Out-Of-State DefendantsIf
you are looking to exercise personal jurisdiction over an
out-of-state defendant, youmust establish two things. The first
step is that you must include specific allegations inyour complaint
that bring your claim within the types of claims covered under
Florida’slong arm statute. Generally, an out-of-state defendant can
be subject to personaljurisdiction under Florida’s long arm statute
in two ways. The first section of Fla. Stat.48.193 enumerates
specific acts that subject a defendant to specific
personaljurisdiction—meaning the defendant can only be sued within
Florida for a claim thatrelates to or arises from the defendant’s
activities in Florida. In particular, these activitiesinclude:
engaging in business, committing a tort, owning real estate,
contracting forinsurance, causing injury through solicitation of
sales or services or products, breachinga contract, or conceiving a
child (applies only to paternity proceedings). As such, a courtwill
look to see if a complaint against a defendant contains any of the
aforementionedallegations. If not, the court will proceed to the
next step in the analysis. In the secondpart of the court’s
analysis, the court will look to see if there is a sufficient
connection or“minimum contacts” between the state of Florida and
the out of state driver. Note thatthe two-part test to determine
whether a Florida court may exercise personal jurisdictionover a
nonresident defendant does not apply if the process was served on
Defendant ata time when the defendant is voluntarily present within
the state. Additionally, a courtmay not exercise personal
jurisdiction over any party who has not been properly served.Valid
service of process is a fundamental prerequisite to the exercise of
personaljurisdiction over any defendant. This requirement applies
to residents as well asnonresidents.
Speak with a Car Accident Attorney Today!The state of Florida
has many trial courts and there are many issues that may arisewhen
suing an out-of-state driver after a car accident in Florida.
Making a mistake in theway that you file your claim can cost you
time, money, and possibly your case. Workingwith one of our car
accident attorneys can help make the process easier for you so
youcan focus on recovering from your Injury Attorney Miami
injuries. For over 20 years, Suarez& Montero has been helping
injury victims in South Florida. If you were injured in anaccident
of any type, you may be entitled to compensation for your damages.
At Suarez& Montero, our injury attorneys have a steady record
of success when it comes tohelping injury victims obtain
compensation for their injuries and we can help you too!We invite
you to contact Suarez & Montero today and schedule a
consultation with oneof our experienced personal injury lawyers. We
have represented clients throughoutFlorida in a wide rangeof cases,
and we are prepared to do the same for you. For over20 years, we
have delivered quality legal representation for people who have
beeninjured in all types ofcar accidents across South Florida. We
are available 24/7 to giveyou a free, no risk case
consultation.
https://www.jaime-suarez.com/personal-injury/
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Business Name: Suarez and Montero Car Accident LawyerMiami
Address : 351 NW 42nd Ave, Miami, FL 33126, United StatesCity :
miamiState : florida
Zip code : 33126Phone No: +1 305-631-1911
Business Mail: [email protected]
Visit us: https://www.jaime-suarez.com/
mailto:[email protected]://www.jaime-suarez.com/
How to Establish Personal Jurisdiction On An Out-OWhat is
Personal Jurisdiction?Exercising Personal Jurisdiction Over
Out-Of-StateSpeak with a Car Accident Attorney Today!
