Critical Factors to Consider When Determining Where to File Your Lawsuit

Categories: Personal Injury

where file lawsuit?

Injury Attorneys Helping Victims File Cases in the Appropriate Washington Court

After a person suffers from an injury, he or she may consider filing a lawsuit against the responsible party. One aspect of filing a personal injury lawsuit that people often do not consider is the venue of – or, in essence, where to file – their suit.

Initial Factors for Determining Where to File

There are some questions that every plaintiff should answer in order to determine where he or she should file the lawsuit. These questions include:

  1. The location of the injury. In most cases, the location of the injury is where the lawsuit is initiated.
  2. The location of the defendant’s residence. The plaintiff may file his or her lawsuit in the county where the defendant resides at the time.
  3. The location of the plaintiff’s residence. An attorney often considers where the plaintiff lives when deciding where to file. This is because the plaintiff’s financial situation, injury, and ability to travel are considered.

State or Federal Court for the Suit?

While a case that applies for federal court also applies for state court, there are certain lawsuits that only apply to federal courts.

Determining which court to file in is difficult, which is why it is important for plaintiffs to consult with an attorney. An attorney goes through a critical elimination process, which helps determine which court is best suited for the lawsuit. The process, often referred to as forum shopping, involves comparing potential outcomes in state and federal courts, then selecting the court that offers the best odds for the plaintiff’s case.

Certain factors that attorneys assess include:

  • Reputations of judges and juries for each court.
  • Potential jury panels for each court.
  • Location of the state court and federal court where the case is heard.
  • The difference of the statute of limitations for each court.

Speak with a Personal Injury Attorney Regarding Your Case

After an injury, it is best to consult with a personal injury attorney. An injury lawyer not only knows which court and city to file your case in, but can also help you prepare your case and file all necessary forms so that you have the best possible chance of success.

For your claim, contact the injury advocates at Brett McCandlis Brown & Conner, PLLC now. We offer free, no-obligation consultations. Schedule yours now by calling 800-925-1875 or filling out our online contact form, and a Washington injury attorney will contact you shortly.