After you’ve had to suffer through a serious car accident and personal injury, it’s nice to hear some good news. Few individuals know this but you may have some options when it comes to finding the best Louisiana venue to file your personal injury claim.
Luckily, you don’t have to make this decision on your own. The dependable New Orleans personal injury lawyers of Cardone Law Firm have the knowledge and experience to help you find the right jurisdiction and venue to file your case.
When deciding on which Louisiana venue to bring your case, there are a number of items to consider. To begin with:
What is a venue?
The term venue in the field of law refers to the court where a suit can be properly filed. Depending on the circumstances of your personal injury claim, it may be better suited to file your claim in a county court, state court, federal court, or a court dedicated to a specific type of suit.
There are venue rules and requirements established in each state to determine which courts can hear which types of cases. Deciding on the right venue is essential as only the proper venue in a court can hear your case and rule a decision.
Why you may want to file a personal injury lawsuit in a specific venue.
As previously mentioned, there are a number of state or federal courts where you may potentially be able to take your personal injury lawsuit. While suites are traditionally brought into a venue where the personal injury claim occurred, a particular court may have jurisdiction over your lawsuit.
The trustworthy team of Cardone Law Firm will help you to understand state and federal civil lawsuit rules so that the right court under the right jurisdiction can hear your case.
Factors to consider when deciding on whether to bring your personal injury claim to a state or federal court include:
- The location of where the personal injury incident occurred.
- The value of the claim.
- The location of the defendant, their connection to a specific jurisdiction, and whether a number of significant events occurred in that location.
- Time limitations.
- The ability of a court to handle a threshold dollar amount.
- Experience of the judges.
- Courtroom and judicial resources.
- The ability for the court to handle a complex case.
- The location of witnesses or material evidence.
- The laws of the venue and jurisdiction.
- The biases of a potential jury pool and potential effects.
- The history of the court dealing with a specific claim like yours.
Should we discover that your case may be heard in multiple courts, we will work with you to help you make the best decision. As long as the venue is proper, you can have a choice on where to file your personal injury claim.
It is also worth noting that you and your legal team are responsible for finding the proper venue and proving through fact that your case should be heard there. Should you file in a wrong court, you could lose expenses associated with the filing fee, face a motion to dismiss the case, have a statute of limitations negatively affect your case, or potentially have your case moved to another court that is “better” for the defendant if they can factually demonstrate why it should be moved.
Liberal, moderate, and conservative venues in Louisiana.
One of the key elements to understanding what venue you should attempt to hold your case in is understanding which courts tend to be liberal, moderate, or conservative. The stances of the judges and juries from these jurisdictions can greatly affect the outcome of your claim.
Below is a USLAW Network state judicial profile of Louisiana by county.
Credit to: USLaw Network, Inc.
The venue you choose can have a profound effect on your case. Get the most trustworthy personal injury attorneys of New Orleans to help guide you through the legal processes and who will fight for the recovery you deserve.
Contact us today at 504-522-3333 for a free legal consultation you can depend on.