Determining Where to Bring Your Personal Injury Action

If you were injured due to the negligence of someone else, you may be able to recover for your expenses, lost wages, and even—in some circumstances—your pain and suffering. What’s more, depending on the facts of your case, you may have the option of bringing your claim in one of multiple courts. If this is your situation, you should consider your course carefully, as the choice of which court to use will have ramifications on your case down the road. The ultimate decision of where to bring your personal injury action is yours.

Different Courts in Florida
To begin with, you may very well be able to bring your case in more than one Florida court. This is because the determination of venue—the place where a suit should be filed—can vary depending on your situation. It is not uncommon for the venue to be proper in more than one state court, meaning that you, as the plaintiff, can choose which court system to use.

There are strategic considerations in determining which Florida court to use. For example, although judges are supposed to be impartial, they are human just like the rest of us, and may have some preferences that your attorney can use to your advantage.

Likewise, juries are usually made up of people drawn from the community where the trial is being held. As such, certain populations may be more sympathetic to your plight. A seasoned attorney will be able to tell you the best location to file your case in order to maximize your chances of success.

Federal or state court?
In addition to the choice of courts in Florida, if your case fits the requirements, you may have the option of bringing suit in a federal court. The decision to file in federal, rather than state, court is subject to the same considerations as those noted above.

In addition, federal courts may have different standards regarding evidence, determination of fault, and so on. Although a federal court is supposed to adapt the substantive law of the state in which it sits, federal procedural law will control—and this could impact your case.

Talk to an attorney
Obviously, you cannot be expected to know all the nuances of selecting the best court for your case. This is just one reason why you should consult an experienced attorney. At O’Neil Injury Law, we are familiar with the ins and outs of each court system, and we can help you. Contact us today and let us help you get your life back on track.