Where you file your personal injury lawsuit can be one of the biggest decisions in your case. It may seem obvious to you that you should file your case in the local courthouse in your town. However, many other considerations must be made before you jump to this conclusion. There are often advantages and disadvantages to different venues. The following explains some of the factors to be weighed when deciding where to file.
- Convenience: Convenience of the parties is quite often one of the most important factors in deciding which jurisdiction to file within. If both plaintiff and defendant reside in the same jurisdiction and almost all witnesses are nearby as well, you will likely file your complaint in this jurisdiction. Many times, however, the consideration is much more complicated. Perhaps you were involved in a car accident with a defendant who resides in another part of California, or in a different state all together. While you are still free to file in your local jurisdiction since you are a resident, it will be very inconvenient for the defendant and his family to make the cross-state travel and he will likely move for a change of venue. Defendants who are from a different state will also raise personal jurisdiction challenges, especially if they were just passing through the state.
- Personal Jurisdiction: Personal jurisdiction is one of several defenses that a defendant can raise if he is from out of state. The lack of personal jurisdiction defense simply means that the state within which the plaintiff is suing does not have the right to require the defendant to appear in court and defend on the merits. In other words, defendant was not on notice as he drove within California that he could expect to be hailed into court. Personal jurisdiction over a defendant can be easily established if the accident happened within the state. If the accident happened in a different state and you would like to sue in your home state however, a “minimum contacts” test will be administered to see if the state has any relation to the defendant whatsoever. Has defendant ever lived in this jurisdiction? Has he held a job here? Does he own property here? If defendant has no contacts or relation to the state you would like to sue him in, you will likely have to change venue to a state with personal jurisdiction over him.
- Celebrity of your Case: Your attorney may be interested in selecting a different venue if your case is relatively high-profile and/or you live in a small town environment. Both opposing attorneys are very concerned with selecting jurors who have not formed an opinion as to the case prior to sitting on the jury. If your case has received extensive press coverage or the defendant has a certain reputation in the town, one party may seek to have the venue changed to a jurisdiction whereby the case and the parties are not so well-known. This is a common tactic to ensure that jurors are not tampered with outside information relating to your lawsuit.
