Texas Personal Injury and Wrongful Death Attorney J. Gonzalez
by Benjamin Treviño | August 15th, 2025 | Auto Accident, Fatal Crash
Can a Texas resident filed a tort claim in another state?
In some situations, yes, a Texas resident may be able to file a tort claim in another state. Wrongful death and personal injury fall under the general heading of a tort claim.
A tort claim is a legal action filed by someone who has suffered harm or injury due to the wrongful act of another person or entity.
Here’s are some of the factors come into play when filing a tort claim in a state other than your own
Jurisdiction: To file a lawsuit in a particular state, the court must have jurisdiction (legal authority) over your claim and the defendant you are suing. The easiest way to meet this requirement is to file where the accident or incident causing your injury occurred, because the court in that state generally has jurisdiction over the defendant regardless of their residence.
Minimum Contacts: If the defendant doesn’t reside in the state where the incident occurred, the court might still have jurisdiction if the defendant has enough connections (or “minimum contacts”) with that state. This could include conducting business, owning property, or even causing a car accident while driving through that state.
Diversity Jurisdiction: If the plaintiff and defendant are from different states and the amount in controversy (the amount you are suing for) is greater than $75,000, you might be able to file your claim in a federal court under diversity jurisdiction. This allows for a lawsuit between residents of different states to be heard in federal court, even if it’s based on state law.
There are other factors to consider even if the court in another state has jurisdiction.
Venue: Venue refers to the specific county within a state where the lawsuit is filed. You’ll need to determine the proper venue based on the rules of that state. Generally, venue is appropriate where the defendant resides, where the cause of action arose, or sometimes where the plaintiff resides.
Convenience: Even with proper jurisdiction and venue, the court might dismiss the case or transfer it to another venue if it would be more convenient and fair to litigate elsewhere, especially if most witnesses or evidence are in a different state.
Statute of Limitations: Each state has a statute of limitations (deadline) for filing a tort claim. This deadline can vary between states, so it’s important to be aware of the applicable statute of limitations in the state where you are considering filing.
The J. Gonzalez Law Firm may be able to help
While it’s possible to file a tort claim in another state as a Texas resident, it’s crucial to carefully consider jurisdiction, venue, and the laws of the other state, such as those related to minimum contacts and statutes of limitations.
Consulting with an experienced attorney like those at the J. Gonzalez Law Firm is essential to understanding your options and the best course of action for your specific situation. J. Gonzalez offers a free initial consultation, and you pay nothing unless we take your case and win the maximum settlement possible. Contact us today via this website or by calling 1-800-CAR-CRASH.
Three dead following big rig crash on Florida turnpike
By: Benjamin Treviño
FORT PIERCE, FL — Three people were killed when a semi driver allegedly tried to execute an illegal U-turn on a Florida highway. The crash is being handled as a traffic homicide investigation, according to the St. Lucie County Sheriff’s Office.
Various media reports say the driver of a tractor trailer rig attempted to make a U-turn from the right lane of the highway through an “official use only” passage. The rig crossed in front of a passenger van which was trailing the rig in the left lane.
The driver of the van was unable to stop in time and struck the trailer, WPTV reported.
According the station, two people were killed immediately – a 37-year-old woman from Pompano Beach, Florida and a 54-year-old man from Miami, Florida. The van’s driver, a 30-year-old man from Florida City, was flown to an area hospital, where he later died, according to the station’s report.
No names were provided.
The two men inside the semi were reportedly injured in the crash, WPTV reported. No further information has been released by authorities as of August 15. It was also not known if any criminal charges would be filed.