The Most Complex Question ever! No attorney can seem to answer this - HELP!!

[GoodSamaritan7]

What is the name of your state (only U.S. law)? 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

 

[ecmst12]

Makes the most sense to sue in the state where the accident occurred.

 

[OHRoadwarrior]

Makes the most sense to sue in the state where the accident occurred.

Ditto. I was involved in a situation years ago in Canada. I am from OH the other party was from MI. They tried to forum shop using NY as their jurisdiction. It was thrown out and they were advised to refile in Ontario.

 

[GoodSamaritan7]

Thanks so miuch

Thanks so much for your answers

I am planning to file in California, but should I file in federal or state?

One defendant lives in California (I live here too); the other in Florida

 

[ecmst12]

If this is not small claims court, I wouldn't be filing ANYTHING without an attorney.

 

[CSO286]

This certainly wasn't the most complex question we've ever seen.

 

[Just Blue]

I would think anyone that has had 20 min's with an 8 year old would have heard a more "complex" question.

 

[racer72]

Thanks so much for your answers

I am planning to file in California, but should I file in federal or state?

One defendant lives in California (I live here too); the other in Florida

Is your lawsuit based on federal or state law?

 

[tranquility]

I suspect any confused "lawyers" slept through civ pro. Do not let them represent you. Or, don't give us a load of self informed rubbish.

I suspect the latter.

 

[Mass_Shyster]

I suspect any confused "lawyers" slept through civ pro. Do not let them represent you. Or, don't give us a load of self informed rubbish.

I suspect the latter.

Since we don't know where the accident occurred, or the amount of damages, it cannot be determined which court has personal jurisdiction or subject matter jurisdiction. It's not a complex question. It just does not contain enough facts to give an answer.

 

[tranquility]

Since we don't know where the accident occurred, or the amount of damages, it cannot be determined which court has personal jurisdiction or subject matter jurisdiction. It's not a complex question. It just does not contain enough facts to give an answer.

I almost completely agree. And, completely stand by my answer. As to the 'almost', we do know two of the courts with subject matter jurisdiction and, each of them has personal jurisdiction over at least one of the defendants.

And, although I'd superficially agree with some others the place to file is where the accident occurred, it would depend on why there were two defendants.