The tort ocurred in one state, but the defendent and I live in another state. Do I have a choice about where to file the lawsuit??
2007-03-13 14:20:12 · 4 answers · asked by L T 3 in Politics & Government ➔ Law & Ethics
You probably have a choice between the state where you both live or the state where the injury occurred. Your state has general jurisdiction over the defendant because he lives there, and the other state has specific jurisdiction over him because that is where the injury occurred. If you file in your state, the court will probably use some of its own law, and some of the law of the state where the injury occurred. As a practical matter, unless you live very close to the state where the injury occurred, it is usually easier to file in the state where you both live. www.terpaklaw.com
2007-03-14 03:00:46 · answer #1 · answered by Attorney Stephen M. Terpak 1 · 0⤊ 0⤋
I believe either would be fine. Since you and defendent live in the same state, it would probably be easier for you to stay there for the litigation. But since the tort occured there, the other state would also have jurisdiction. You have your choice.
2007-03-13 14:31:15 · answer #2 · answered by kmnmiamisax 7 · 1⤊ 0⤋
Where the tort occurred, or where the defendant lives.
2007-03-13 14:23:22 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
Seek legal advice.
2007-03-13 14:29:03 · answer #4 · answered by realst1 7 · 0⤊ 1⤋