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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