Sunday, February 8, 2015

Be Sure to File Your Case in the Right Court

Before a personal injury lawsuit can be filed, one must first confirm that he's filing his case in the right court. In legal terms, the right court means the one that has the 'jurisdiction' or authority to hear that particular case.

Jurisdiction is important because if a court doesn't have jurisdiction over a case, it won't have the legal authority necessary for it to pass judgment on the case. Both state and federal laws, including the Constitution of the United States, have rules concerning the jurisdiction of state and federal courts to hear cases.

A lawsuit filed in a court that has no jurisdiction over it comes with potentially damaging consequences. For one, the defendant may have it removed from your chosen court and transferred to a proper court of his choosing. This could impact you negatively as his chosen court may be in a location that is less favorable to the outcome you want, or it may be too far for you to manage being present during the litigation. Most of all, the defendant might end up having the case dismissed altogether.

Avoid these pitfalls by making sure you file your lawsuit in the proper court. Talk to a personal injury lawyer so you can be sure you're making the right decisions for your case.

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