Five Things That Determine Where You Can File Your Personal Injury Lawsuit
If you have been injured in an accident and need to file an injury lawsuit, you don't just walk over to the nearest court and execute the filing. You need to identify the right court if you want your case to progress. Here are some of the factors that determine where you can file your lawsuit:
The Size of Your Damages
The size of your damages is important because injury claims involving minimal damages can be adjudicated in small claims courts. State laws determine the minimum damages that small claims court can handle so the first thing is to know your state's limit; you must move to a regular civil court if the damages exceed the stipulated maximum. Here are some of the advantages of small claims courts:
- They are inexpensive
- They are fast
- Their proceedings are relatively informal
They also have their disadvantages; for example:
- Each small claims court has a maximum award it can give
- Appealing judgment from these courts is difficult or even impossible in some cases
The Defendant's Residence
If the defendant doesn't reside in the same jurisdiction as you, then you may also be able to file the lawsuit in the defendant's home state. A good example is if you are injured in a car accident caused by an out of state driver. You don't have to file the lawsuit in the defendant's resident state, but you have the option if you wish to do so.
The Location of the Injury
It is also possible to file a personal injury claim in a court that has jurisdiction over the location of the accident. For example, if you are from Utah and you are injured by a Californian driver in Texas, you can file your car accident case in a Texan court because that is where the accident occurred.
A State with Which the Defendant Has Some Contact
It may also be possible to sue a defendant in any state where they have "some" contact even if they don't live in the state and the accident also didn't occur there. A classic example of an acceptable contact is business; if the defendant has business in Minnesota, then you may be able to sue them in Minnesota even if they don't live in the state.
The Nature of the Defendant
Lastly, the nature of the defendant will also determine which court has jurisdiction over the lawsuit because some defendants can only be sued in federal courts. For example, if the defendant is a U.S. government body, a police officer or a citizen of another state (or country) and the case involves more than $75,000 at stake, then you must sue them in a federal court.
For more information, contact companies like Lerner, Piermont & Riverol, P.A.