Colorado is a popular year-round vacation destination. Whether you like to hit the slopes or enjoy camping under the stars, Colorado offers fun activities for everyone. The last thing anyone should have to think about is what to do if you are injured while on your Colorado getaway. Our personal injury law firm has seen the volume of accidents involving out-of-state victims. These accidents result in stress, uncertainty, travel disruptions, and may lead to questions about medical treatment and legal representation. In what follows, our personal injury law firm discusses navigating cases for out-of-state residents. If you or a loved one was injured in Colorado but live outside the state, our experienced personal injury lawyers can help you during this incredibly difficult time.
Before contacting our personal injury lawyers, you should try to collect as much evidence as possible. Important information to gather early on include:
Depending on the accident, there may be multiple parties responsible for your injuries. In a car accident, the obvious party is the driver that hit you. However, if you were hit by a company car or truck, the driver’s company may also be responsible. If you suspect you were hit by a work vehicle, it is imperative to get the company’s information, in addition to the driver’s. Relevant parties in other accidents may be less obvious. In a slip and fall, for example, it is often not clear who actually is responsible for the specific area where the fall occurred.
Photographs of the damage or scene of the accident can be very helpful in personal injury cases. If you live outside Colorado, it will probably be difficult to return to the scene of the accident. Pertinent conditions and objects at the scene also may not be there for very long. If possible, you should definitely try to document the scene of the accident to preserve what conditions were like at the time.
This is especially crucial if you live outside Colorado. Anyone who saw the accident can provide crucial testimony to support your claims. This may include bystanders, workers, emergency personnel or police officers. If you live out-of-state, it may be difficult to track these individuals down when it is time to make your claim. Try to get as much information for these people as possible, including names, phone numbers, email, and physical addresses. Your attorney will need to talk to them about what they saw to corroborate your story.
Our experienced personal injury law firm can help you gather crucial information as well. They will investigate all potential evidence, including police reports, camera footage, and further information about the person or entity that caused your injuries.
Depending on the severity of the accident, you may have needed emergency treatment. While your emergency care was likely in a Colorado hospital or urgent care center, the rest of your treatment should be done in your home state. Assuming you have been able to return to your home state, it will be much easier and beneficial for you to coordinate medical care near your home.
If you have health insurance, for instance, you are more likely to find in-network medical providers in your home state. Moreover, this will allow you to get back to as normal of a life as possible after the accident. You are already dealing with a very overwhelming situation. Being in a familiar, stable environment near friends and family hopefully will reduce your stress in this difficult time.
If you do not have sufficient health insurance, you can and should still get medical treatment. Our personal injury lawyers can discuss your treatment options with you. We will formulate a treatment plan that works best for your circumstances. Regardless of your financial situation, you still should always get medical treatment in your home state.
Another reason to get treatment in your home state is to avoid a gap in treatment. Having to travel for medical care will undoubtedly create delays between appointments. Going a significant amount of time between doctors’ visits can be detrimental to a personal injury claim. Insurance adjusters will devalue your claim if they notice gaps in treatment. They will likely argue treatment gaps indicate you are overstating the severity of your injuries.
While not impossible, it is more difficult to obtain out-of-state counsel for injuries sustained in Colorado. If a lawyer in your home state is licensed in Colorado, they may represent you just as any local Colorado attorney would. However, you should still consider multiple factors. An attorney located in Colorado will likely possess advantages over one not located in the state.
Personal injury cases are almost always filed in the state in which the accident occurred. If you were injured in Colorado, your lawsuit, if necessary, will very likely be filed in Colorado. A Colorado attorney will therefore be licensed in the state where your case will go to court. An experienced Colorado personal injury lawyer will have superior knowledge of Colorado’s laws and a firm understanding of how the Colorado courts may handle your case. Colorado lawyers likely will be familiar with the state’s judges, court staff, and other parties who may play a part in your case.
If you were injured in Colorado, you will need to travel here to attend court proceedings, meetings, and, if ordered, court-mandated mediation. A local Colorado personal injury attorney will be familiar with the nuances of these proceedings. They likely will have pre-existing relationships with mediators, judges, and other attorneys involved in your case.
Some law firms do not handle out-of-state clients. This is because there are often added costs involved, like dealing with unfamiliar doctors and insurances. Out-of-state auto and health insurance policies can have different ramifications than in-state ones. Fortunately, the experienced Colorado personal injury lawyers at Bowman Law are prepared to handle these issues and happily accept out-of-state clients.
You must bring your lawsuit in a state that has jurisdiction over the person or party responsible for your injuries. The simplest way to establish jurisdiction is to file your lawsuit in the state where the accident happened. If your Colorado personal injury case goes to court, it will almost definitely be filed in Colorado.
Your home state may have jurisdiction over the responsible parties. This is more difficult to establish and requires complex analysis by seasoned attorneys. To have jurisdiction, the individual you have a claim against must have connections to your state. For instance, the individual could own property in your state, conduct business there, or injure someone within your state. This is not usually straightforward and could be a costly battle to establish jurisdiction in your state.
For claims against businesses, your state will have jurisdiction if they are incorporated there. In addition, your state may have jurisdiction if the business solicits business there or has an office in the state.
While you may be able to establish jurisdiction against the person or business that injured you, the easiest thing to do is just bring the claim in the state the injury occurred.
Your local attorney can file for a temporary license in Colorado. This filing is called “pro hac vice,” which is Latin for “for this occasion.” If approved, the attorney will be allowed to represent you in Colorado for the specific matter for which they file. The attorney will also need to coordinate with a Colorado law firm and bring them on as co-counsel.
There are filing fees and costs to file pro hac vice. Ultimately it is up to a Colorado court to approve the pro hac vice application. Attorneys may be hesitant to apply pro hac vice because of the costs and also possibly having to share legal fees with other counsel. The out-of-state attorney will first need to find Colorado counsel willing to work with them. It is likely the Colorado attorney will want a share of the legal fees for their work, which could dissuade out-of-state lawyers from filing pro hac vice.
Without pro hac vice admission, a non-Colorado lawyer may be able to provide limited legal services. Your local attorney may be able to provide advice on federal law, for instance, under MJP.
Multijurisdictional Practice is governed by Rule 5.5 of the Colorado Rules of Professional Conduct. The regulations surrounding MJP are complex. Except for very specific circumstances, it is unlikely an out-of-state lawyer could provide substantial services under MJP. Under MJP, an out-of-state attorney likely could not represent you for all aspects of your personal injury case.
A limited practice certificate allows temporary practice of law within a state in limited and specific situations. Colorado has multiple types of limited practice certificates, most of which include substantial filing fees and lengthy applications. Examples include:
A lawyer practicing under one of these certificates will have a much narrower scope of permissible duties than an attorney licensed in Colorado.
Our Colorado personal injury law firm recognizes the profound impact am injury can have on your life. We understand the overwhelming challenges you may be facing. Our personal injury law firm provide compassionate legal representation to help you navigate this challenging time.
Our client-first approach ensures your needs are at the forefront of everything we do. We pride ourselves on transparency, integrity, and clear communication, guiding you through each step of the legal process. From initial consultation to the resolution of your case, we will guide you through the process. Our goal is to alleviate the stress of legal proceedings so you can focus on your recovery. We have proven record of success. Let Bowman Law help you secure the compensation you deserve.
If you were injured because of someone else’s negligence, do not face the challenges alone. Please send us a message or call us at 720-466-5747 to schedule a free case evaluation. Remember, you have one chance at attaining full and complete justice, and we are here to ensure you seize it. Let Colorado’s top-rated personal injury law firm fight for your rights, protect your interests, and deliver the justice you deserve. We serve clients across Colorado’s Front Range and beyond, including Denver, Colorado Springs, Boulder, Fort Collins, Westminster, Lakewood, and Aurora. Call us now and take the first step toward reclaiming your life.
While he enjoyed the rigors, and occasional madness, of day-to-day politics, Paul knew early in college that he was destined for a career in law. The lawmaking process was intriguing, but what really interested Paul in the law was the ability to help individuals in so many ways. Paul set out to pursue his legal career, enrolling in Seton Hall University School of Law immediately upon completing undergraduate in 2013. In law school, Paul earned the Samuel J. Heyman fellowship in public service, working in the Office of the Attorney General and in the legal department of the United States Postal Service. Paul also worked in private practice while in law school, including significant time at a plaintiff’s personal injury firm in northern New Jersey.
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