State versus Federal Court for a Personal Injury Claim

Categories: Personal Injury

personal injury claim

Personal Injury Attorney Fighting for Victims in Federal and Georgia State Courts

Most personal injury cases are filed in the state courts because the state holds jurisdiction. However, there are instances where a personal injury claim may move to federal court. Typically, the defense would opt for a removal of the state case and request to move the claim into federal court. For example, defendants that are large corporations may choose federal court. The reasons for the move vary, but it is a strategic move in most cases.

Note that most personal injury cases stay at the state level. However, if you find your claim facing a request to move to a federal court, knowing the reasons why this occurs could prove beneficial.

Why Would a Personal Injury Case Go to Federal Court?

If you have watched the news, then you might have seen how Walmart in a prior case tried to move their case to federal court for a slip and fall. KFC did it for a slip and fall case, too.

Why would a company opt for federal jurisdiction? Here are just a few reasons why they might prefer federal court to state court:

  • Federal courts are allegedly friendlier to corporations. Many organizations believe that a federal court is favorable compared to a state court. However, it does not apply in all cases. Instead, the defense would consider where they would receive the friendliest judges and juries for their claim before opting to move to the federal level.
  • Fears of excessive awards from a jury. When a case moves to federal, the state where the incident occurred might have a damage cap that is too high. So, the defense might opt for a county that restricts how much a jury can award a plaintiff, thereby lowering the liability for their clients if they were to lose the case.
  • Greater familiarity in the federal level. Sometimes, defense attorneys feel they are more comfortable with federal court procedures. This is especially true if the attorney has vast experience representing large firms as opposed to smaller businesses.
  • Less familiarity. Sometimes, the defense might move to state level instead of federal, because they are unfamiliar with the federal procedures – which differ from states. Defense attorneys representing small businesses or individuals are less likely to have experience in federal courts. Therefore, it makes sense for them to move to a court they know.
  • Convenience for the client and attorneys. Sometimes, both parties might agree to a change in venue to save time and money. Federal courts have different rules of discovery than state courts, which are less stressful for both sides and often cost-effective by comparison.

Let Your Personal Injury Attorney Worry About Venue

It is your personal injury lawyer’s job to worry about the venue and argue against any move that is unjustified or designed to benefit the defense. Instead, you just have to worry about recovering from your injuries.

At Van Sant Law, LLC, we have experience with state and federal personal injury cases. Furthermore, we understand the tactics defense attorneys use to swing the odds in their favor. To have an attorney by your side who knows the rules and strategies used, contact an advocate from Van Sant Law, LLC for your free consultation at 404-991-5950 or request more information online.