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  1. #1

    Default Can You Sue Over a Car Accident in Federal Court

    My question involves an injury that occurred in the state of: CA

    I have a very important question that no attorney or person can figure out - it's very simple, yet very complex for some reason

    I had a personal injury accident. One of the defendants resides in my state California. The other defendant resides in Florida.

    Do I sue in Federal or State court?? Getting mixed advice from different attorneys.

    50% of my lawyer friends say Federal because you can't sue an out of state defendant in State; the other 50% say State because I can't sue the same defendant of the same state in federal!!!

    Any help would be a huge blessing. God bless you! Anyone who can answer this, I pray God will give you a HUGE BLESSING this year! ("A generous man will prosper; he who refreshes others will himself be refreshed." Proverbs 11:25

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    Default Re: Federal or State

    Quote Quoting Goodsamaritan7
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    My question involves an injury that occurred in the state of: CA

    I have a very important question that no attorney or person can figure out - it's very simple, yet very complex for some reason

    I had a personal injury accident. One of the defendants resides in my state California. The other defendant resides in Florida.

    Do I sue in Federal or State court?? Getting mixed advice from different attorneys.

    50% of my lawyer friends say Federal because you can't sue an out of state defendant in State; the other 50% say State because I can't sue the same defendant of the same state in federal!!!

    Any help would be a huge blessing. God bless you! Anyone who can answer this, I pray God will give you a HUGE BLESSING this year! ("A generous man will prosper; he who refreshes others will himself be refreshed." Proverbs 11:25
    I believe you would sue in Federal Court. That way, your state defendant would also be addressed by the Federal Court as having "Supplemental Jurisdiction" in an effort to consolidate your claims.

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    Default Re: Can You Sue Over a Car Accident in Federal Court

    (Willjo don't know nothin' 'bout birthin' lawsuits.)

    If you are trying to sue in federal court on the basis of diversity jurisdiction, you must have complete diversity of citizenship between the plaintiffs and defendants. If a defendant is from the same state as the plaintiff, that's not complete diversity of citizenship. Also, given that you're here asking a basic question rather than having an attorney deal with the issue, it seems unlikely that you would reach the damages threshold for diversity jurisdiction. How much do you think your case is worth?

    For an auto accident case, it's unlikely that you have a federal cause of action or, even if you did, that it would make sense to sue in federal court - although supplemental jurisdiction could come in within that context, with your asking the court to join state law claims, odds are the federal court would say "no". The rest depends on the facts.

    You chose not to tell us where the accident occurred. Should we infer that it occurred in a different state and you're trying to avoid litigating your case in that state?

    I would steer clear of that first set of attorney-friends if you're thinking about having an attorney-friend represent you.

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    Default Re: Can You Sue Over a Car Accident in Federal Court

    Quote Quoting Mr. Knowitall
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    (Willjo don't know nothin' 'bout birthin' lawsuits.)

    If you are trying to sue in federal court on the basis of diversity jurisdiction, you must have complete diversity of citizenship between the plaintiffs and defendants. If a defendant is from the same state as the plaintiff, that's not complete diversity of citizenship. Also, given that you're here asking a basic question rather than having an attorney deal with the issue, it seems unlikely that you would reach the damages threshold for diversity jurisdiction. How much do you think your case is worth?

    For an auto accident case, it's unlikely that you have a federal cause of action or, even if you did, that it would make sense to sue in federal court - although supplemental jurisdiction could come in within that context, with your asking the court to join state law claims, odds are the federal court would say "no". The rest depends on the facts.

    You chose not to tell us where the accident occurred. Should we infer that it occurred in a different state and you're trying to avoid litigating your case in that state?

    I would steer clear of that first set of attorney-friends if you're thinking about having an attorney-friend represent you.
    Hmmm...the Plaintiff has 100k worth of medical bills and one of the defendants lives out of state. He cannot be sued in State Court so that leaves Federal Court as jurisdiction for a case that seems to pass the thresh-hold of 75k worth of damages. If Federal Court does have jurisdiction over the out of state defendant, such court would have the descretion to hear state claims. Although they could probably decide not to hear a state claim, I believe they would in an effort to consolidate the claims.

    Certainly sounds like diversity jurisdiction to me since a claim is against an out of state defendant. Since one defendant is from the same state as the Op, my belief is that it is irrelevant and that the claim against the state defendant will be consolidated in the Federal claim.

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    Default Re: Can You Sue Over a Car Accident in Federal Court

    Willyjo, I don't recall anybody mentioning $100K in damages, but you're not saving yourself with your fanciful scenario. We were told, "One of the defendants resides in my state California." You can't wish away the fact that diversity jurisdiction is predicated upon complete diversity of citizenship. You are also incorrect in your assumption that a person can only be sued in his state of residence or in federal court. For example, if you cause a car accident in California that state has jurisdiction over you even if you are domiciled in a different state.

    Your beliefs are worth nothing. Stop polluting threads with your ignorance.

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    Default Re: Can You Sue Over a Car Accident in Federal Court

    normally you would sue in the state the accident happened in, or in the defendant's home state. http://www.nolo.com/legal-encycloped...ant-29560.html

    Why do you want this in federal court?

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    Default Re: Can You Sue Over a Car Accident in Federal Court

    Quote Quoting Mr. Knowitall
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    Willyjo, I don't recall anybody mentioning $100K in damages, but you're not saving yourself with your fanciful scenario. We were told, "One of the defendants resides in my state California." You can't wish away the fact that diversity jurisdiction is predicated upon complete diversity of citizenship. You are also incorrect in your assumption that a person can only be sued in his state of residence or in federal court. For example, if you cause a car accident in California that state has jurisdiction over you even if you are domiciled in a different state.

    Your beliefs are worth nothing. Stop polluting threads with your ignorance.
    I was lookikng at another thread regarding the 100k worth of meds--sorry, it happens.

    Sorry but lots of my advice is based on experience that enable me to give a reasonable opinion. If that opinion is inaccurate, and it is properly refuted, that's fine with me, but don't be so demanding of me here. You've refuted my post, now simply move on without grandstanding.

    - - - Updated - - -

    Quote Quoting Lehk
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    normally you would sue in the state the accident happened in, or in the defendant's home state. http://www.nolo.com/legal-encycloped...ant-29560.html

    Why do you want this in federal court?
    Good post! You set me straight and you also answered what hasn't been answered by anyone else in this thread. Thanks for the learning experience.

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    Default Re: Can You Sue Over a Car Accident in Federal Court

    MKIA has every right to demand the same of you as that which happens "down the street".

    If you start your nonsense here however, your welcome will not be tolerated with nearly as much patience.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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    Default Re: Can You Sue Over a Car Accident in Federal Court

    If you start your nonsense here however, your welcome will not be tolerated with nearly as much patience.

    ...especially since I'm done vacuuming the cats.

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    Default Re: Can You Sue Over a Car Accident in Federal Court

    ^^^^^Really wishes we had a Like button.

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