I'm Moving and My Case Hasn't Closed, What Do I Do?


Whether you’re moving out of the state or across the country, the attorneys at McKinney Vos understand that your hands are full when you pick up your life and move to another home. Fortunately, McKinney Vos uses state of the art technology and can represent you no matter where you end up. The most important thing you can do to help your case is communicate! Make sure you tell your attorneys about your moving plans. It’s important that we know your new address and when you’ll be leaving.

You may be tempted to wait until after you’ve moved to hire an attorney for an injury resulting from a car wreck. While it would be convenient to have your attorney in the same city as you, it would be the best for your case if your attorney was in the same state that the accident occurred in.

In Texas, the law states that you should file a lawsuit in the city that the wreck occurred in or in the city that the defendant – the person who caused the accident – lives. For this reason, you’re better off hiring an attorney in the state of the accident. If you move from Texas to California, you’ll want a Texas attorney working your case if the wreck happened in Texas.

The best way to feel secure about your case, despite picking up and moving, is to understand the process from start to finish. From the moment you hire McKinney Vos until your case is settled and closed, we’re here to answer your questions.

If the wreck happened recently, you and your attorneys will need to take care of some housekeeping issues. Is there a police report? What is the police report number? You should send all the photos you have of the accident to your attorney. You should also take photos of your injuries as they heal. It’s important to track bruises and physical injuries so that the insurance company can see how the prolonged healing that you suffered through as a result of the wreck.

In order to provide your attorney with as much information as possible, be sure to send any photos, names and documents to them before the move. This will allow your attorney to continue working and investigating your case while you worry about packing and making your new place a home.

Your Health is the Number One Priority

How are you feeling? Are you going to treatment regularly? Is it helping? Has the doctor told you that you will need an MRI or further testing? Have you been referred for additional treatment? You want to be in a good position to move. This means that if you are still treating, you communicate with your doctor and attorney regarding your move. Your attorney will work with you to make sure that your treatment can continue after your move. We understand that this can seem daunting and difficult. The bottom line is that your health comes first. If you require further testing or advanced treatment, let us know so that we can help you find a doctor.

We can help you find a new doctor. It’s important that you continue your treatment if you are still injured from the wreck. Let your current doctor know about your plans to move. We can plan ahead and ensure that your current doctor speaks with your new provider so that everyone is on the same page regarding your treatment plan.

Has Your Property Damage Been Resolved Before Your Move?

Has your property damage been resolved? It might be the last thing on your mind when you’re dealing with all of the aspects of a move, but it’s important to get your property damage resolved. The insurance company has a number of ways in which they can compensate you for the damage. They can have you go to a shop and pay for the damages directly, they can send you a check so that you can get the damages repaired on your own time, and they can pay back your own car insurance company so that your insurance company can take care of it. Are you in a rental vehicle now or are you back in your car? Did you have to pay your deductible and go through your own insurance company? If so, did you get the deductible back?

You have options and we can find a result that fits best in your life regarding your property damage. Be sure to communicate with your attorney so that we can tell the insurance companies how to proceed.

Have you missed time from work? Did the injuries cause you to miss a vacation or create difficulties at your job? Regarding your injury, you may have a claim for lost wages. If you missed time from work because of the injuries sustained in an accident, be sure to let us know. Especially surrounding a move, you’ll want to thoroughly document the times you missed work and why. If you lost wages because of the times you went to the doctor, document it. If you had to miss entire shifts because of the pain from your injuries, track those days. Let your Human Resources department or supervisor know that they may need to corroborate the times you’ve missed. Ask if they would be willing to sign off on documentation saying that you lost wages because of the injuries from the accident.

If you have completed your treatment before your move, we will continue to update you on your case. We will gather your medical bills and records. We’ll communicate with you the entire time and let you know when we’re negotiating with the insurance company. We will update you when we have offers and you can let us know if or when you want to accept the insurance company’s offer.

These questions should be answered regardless of a move. However, if you are planning on moving before your case has closed, it’s even more important to know where your case stands and how it will be handled after you’ve left the city.

You Can Still File a Lawsuit, Even if You Don’t Live Here!

So, what if you don’t want to accept the insurance company’s offer? You still have the option to file a lawsuit! But there are a few things that you should keep in mind. First, there will be certain expectations of you, as the plaintiff, in a lawsuit. You will be expected to make an appearance in Texas for your deposition, possibly a mediation and ultimately the trial. While a phone call may work for the mediation, most defense attorneys will not allow you to take your deposition remotely. And your presence at trial is incredibly important. Think about it this way: if you’re asking 6-12 jurors to stay in the courtroom for the duration of the trial and pay attention to a subject that doesn’t impact their lives, you should extend the same courtesy yourself, given the fact that you brought the lawsuit.

There’s still a chance that your case may settle prior to a trial date, but if you instruct your attorney to file a lawsuit, you should prepare to return for the deposition and trial. If you’re unable to return for those dates, you may want to discuss settlement options with your attorney instead.

Settle Your Case Without Ever Returning to Texas!

What about after trial, or once your case has settled? There’s no need to return to Austin, Texas for your settlement! We have technology that will allow you to do everything from where you are. We can send you the settlement information and the release for the insurance company. We will pay the bills that you direct us to and send the remainder to you at your address.

Moving is stressful enough as is. Don’t let an open case cause you more stress. At McKinney Vos, we’re here to help you navigate the stressful times so that you come out ahead.