With the substantial rise in global travel, commerce, and communication, it’s becoming important to establish the jurisdiction laws that govern each transaction and contract. Even simple contracts like car insurance need to establish the jurisdiction laws that apply. In cases where the jurisdiction is not established, Florida’s Choice of Law doctrine can be exercised if it’s to your advantage.
If you have been in a car accident and there has been severe damage to the car and extensive injuries and/or a fatality, then the Choice of Law may be considered. Consult a Florida car accident lawyer to help you understand the jurisdiction laws that apply to your case.
Here is a brief overview of Florida’s Choice of Law doctrine.
What Is Florida’s Choice of Law?
When a contract does not clearly state the jurisdiction laws that will apply to it, then Florida’s Choice of Law comes into effect. It determines which jurisdiction laws will govern the rights, remedies, and standards of conduct in a particular case.
Why Choice of Law?
When there is a breach of contract, and the jurisdiction has not been determined in the contractual agreement, then the Choice of Law Doctrine is used. It becomes necessary to evaluate the laws from other jurisdictions as they may be more beneficial to the plaintiff or more reasonable to the defendant.
When Does It Come Into Play?
Usually, a case being litigated in Florida will follow the state’s rules, but, in case a party argues that other jurisdiction laws should be applied, then the courts are bound to conduct a Choice of Law analysis. So, if you have been in a car accident in Florida, with extensive damage and injury, then you may argue that the rules of that state be used as they are in favor of your case.
In Florida car accident, the lawyer will guide you on the Florida rules and the rules of another state to help you decide whether or not to enforce this right.
Can It Be Used In Any Case?
The Fla. Stat. Ann. section 685.101 states that a transaction no less than a value of $250,000 may be eligible to exercise the Choice of Law to either part of the case or the complete case. This usually means that the accident was fatal and you are filing a life insurance claim with the insurer.
Does It Apply To Other Countries?
Yes, under certain circumstances, the laws of other countries may be applied in the U.S. and vice versa.
How Can Jurisdiction Be Determined In My Case?
If your contract does not indicate the jurisdiction laws it will follow, and you argue that the laws of another state should be followed, the court will apply Florida’s Choice of Law. They will examine the rights, remedies, and standards of conduct of the jurisdiction and the state, which has the most significant relationship with this particular case.
Usually, the judge will advise on the jurisdiction based on the place of the contract, but, in some cases, the nature of the case may help decide the jurisdiction laws it will follow.
When entering any contract, it is important to establish jurisdiction laws that will govern the contract. This makes sure that in case of a breach, the matter is settled quickly without contest on the jurisdiction.
