With society as mobile as it is, incidents that give rise to lawsuits1)and forum disputes often occur across state lines. What happens if a Nevada resident gets hit by another driver while driving in California? Do you have to sue in California? May you sue in Nevada? The answer is, it depends. Many issues can become relevant to the decision of where to properly bring a lawsuit. If the lawsuit is not brought in the proper forum, a party may be faced with a motion to dismiss or to transfer the suit to the place where the defendant thinks the suit belongs.
How a court determines proper forum
Generally, a court will defer to the plaintiff’s choice in reference to forum, but there has to be a reasonable basis for that choice. In the example above, although the accident may have occurred in California, it may be the case that all of the Plaintiff’s doctors are located in Nevada, but the police officer who cited the other driver is in California. In a case where the witnesses are spread out, as long as there are ties to Nevada, a suit can be filed in Nevada. But it is not a guarantee that a court will agree to take jurisdiction over the matter if the court is convinced that California courts would be a better fit. Although the Plaintiff’s decision is strong a factor in where the case will be heard, the court will analyze which state has the highest stake in the outcome of the matter, where it will be most efficient to hold a trial in light of the location of all witnesses, and where the involved insurance companies are located.
Additionally, there may be insurance policies that dictate where suits may be filed and which state’s laws should apply. Even if an insurance policy dictates that Nevada law will apply to any suits involving that policy, it does not mean that a Nevada court must hear the case because California courts can apply Nevada laws.
If you get sued and believe the lawsuit was not filed in the proper place, you need to act right away. For instance, if you cause an accident while driving through Nevada but you live elsewhere, you will need a Nevada attorney to defend you. If you believe Nevada is not the proper state for the suit, you will need to object to the choice of forum right away, or you may end up waiving your right to argue that the suit was filed in the wrong place. If the accident occurred in Nevada, the doctors are in Nevada, the police officers involved are in Nevada, and there are no ties to your state except you, the Court may require you to appear and defend yourself in Nevada. The Court may find that you implicitly agreed to be sued in Nevada when you chose to drive on a Nevada road. But every case has different facts and could lead to a different result.
Because the factors and issues in deciding where to file a lawsuit are unique, it is always best to consult with an attorney. Clear Counsel Law Group can provide you with a free consultation, so contact us anytime.
Footnotes
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