In our country, two different legal systems exist: state and federal. Most personal injury matters go to state court, specifically circuit or district court on the county level. However, sometimes personal injury cases can go to federal court. Certain circumstances must exist for these cases to qualify for federal court.
What requirements need to be met for a personal injury case to proceed to federal court? We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Jurisdiction Must Exist
A court can only hear and rule on cases over which it has jurisdiction. Most cases that come into the legal arena fall in state court jurisdiction, but some do fall under federal court jurisdiction.
When a car accident occurs, and the plaintiff wants to file in federal court, he or she must show that the federal court is the proper forum for the case. It requires basic proof that the federal courts have what is known as subject matter jurisdiction over the case. How do you go about proving this?
What Kind of Cases Go to Federal Court?
Personal injury claims can in fact be brought into a federal court. The most common kind of cases that are brought into federal court are cases that fall under the jurisdiction of federal law. Personal injury cases like slip and falls and auto accidents can in fact be brought into a federal court, generally those cases are based on negligence which is why most of the time they fall under state law.
For example, a type of case that could go to federal court is if you were in an auto accident due to a detective product and you decide to the manufacturer if it's a foreign company like Toyota or BMW. That is due to what is called diversity jurisdiction.
A personal injury lawyer will be able to counsel you on whether you a claim that falls under federal law.
A Federal Question Is Involved
If the case involves any type of federal question, the federal courts automatically have jurisdiction, or, if the case is filed in a state court but belongs in federal, you can petition to change venue. Federal questions involve either the United States Constitution or a statute passed by Congress.
If the lawsuit is based on violation of federal law, you normally will not need to have a “threshold amount” for damages needed to pursue a case, unlike with diversity jurisdiction.
If interstate commerce is involved, this would be one such example of a federal question that could get you into federal court. However, this specific avenue of seeking federal subject matter jurisdiction is not as common as the next.
Diversity Citizenship of Parties Involved
Federal courts will also assume jurisdiction over cases where parties involved are citizens of different states. These states can be foreign or domestic. In addition to the parties being from different states, the amount of damages at stake must be over $75,000.
Both requirements must be satisfied before the federal court will hear the matter. A state court can still hear the case, of course, but at least the parties will have choice over which venue they will pursue.
Keep in mind that complete diversity must exist. This requirement means that no two defendants or now two plaintiffs can be from the same state. Citizenship is normally determined by looking at where the individual maintains a primary residence, and a person can be a citizen of only one state, not more.
Why Prefer Federal Over State Jurisdiction?
The reasons can vary, but, if a party has choice over two types of jurisdiction, he or she may choose one over the other. This is otherwise known as forum shopping. Many factors are considered, including convenience and geography as well as costs.
Federal cases can cost a little more due to the fact that more paperwork is normally required, and the chance of litigation is higher. Not all attorneys are licensed to practice in federal courts, so you will need to find an attorney with that expertise, as well as that credential.
Some attorneys prefer federal due to the stricter rules and guidelines that need to be filed, while others prefer the state courts. Jury verdicts can vary, with federal courts often giving lower jury awards than state courts.
The statute of limitations can vary between the two courts, as well. If you missed your state’s statute of limitations but see that the federal one is somewhat longer, you may have no choice but to pursue that recourse.
However, this option is only available if your case involves a federal question. If your case is brought under diversity jurisdiction, the court will use the state’s statute of limitations.
Contact an Attorney Today
If you have been in a car accident and have questions about whether the matter should go to federal court, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
