when filing a law suit should i get a lawyer in a different town

Can I choose the court I want to file a lawsuit?

As long as you abide by the above rules, you can choose the court most convenient to you. But if you don't want the defendant to object to your choice, you may want to file the lawsuit in the court closest to where defendant lives or does business. Example: George and Jerry are both citizens of Texas.

What kind of lawyer do I need to sue a city?

What Kind of Lawyer Do I Need to Sue a City? If you want to sue a government entity after an accident, you'll probably need a personal injury lawyer. Please answer a few questions to help us match you with attorneys in your area.

Why can’t I hire a new lawyer quickly?

You may not be able to hire a new lawyer quickly enough to fully research and handle your matter. Your old lawyer is likely very familiar with the facts and laws applicable to your case, including clerical issues like the location of various documents.

What to do if you have a problem with your lawyer?

Like any business, a law firm is successful only if its customers are happy! If it's difficult for you to tell whether the problem lies with the lawyer or with the nature of your case, asking another attorney for a one-time consultation is also an option.

Does my lawyer have to be local?

In all honesty, in 95% of the cases, the location of the attorney doesn't matter. We don't live in the 1800's anymore where people had to hire an in town attorney, as there were no other options. In today's legal market, it's the lawyer that matters, not where they are.

Why is it important to know the difference between venue and jurisdiction?

In all cases, the venue of any crime is important as well as that of the jurisdiction. 'Venue' is the place where the lawsuit is filed. Venue can be any region such as a country or a district or a town or a city. 'Jurisdiction' is the authority given to a legal body for hearing a case.

What should you consider when filing a lawsuit?

8 Factors to Consider Before Filing a LawsuitCost/Benefit. First and foremost, you must do a cost/benefit analysis of the potential lawsuit. ... Chance of winning. ... Alternatives. ... Collectible. ... Time. ... Willing to involve witnesses. ... Statute of limitations. ... Privacy.

What are the easiest things to sue for?

The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...

What is lack of personal jurisdiction?

Basically, it means that the court will be unable to control any of the proposed defendants that you are trying to bring into your lawsuit. That is why most lawyers rely on someone known as a “process server” in order to deliver the lawsuit papers.

How is court jurisdiction determined?

Territorial Jurisdiction is where the geographical boundaries and limits determine the jurisdiction of civil courts. The geographical boundaries are clearly demarcated in the case of such a jurisdiction. Section 16 to Section 20 of the CPC talks about the Territorial jurisdiction civil courts.

Can I sue for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

Should I tell someone im suing them?

After you file your lawsuit, you have to let the defendant know that you are suing them. Usually, the defendant knows about the case a long time before it starts.

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

Can I sue someone for insulting me?

Second, you can file a defamation lawsuit to secure a court order to remove content or obtain damages for the harm you have suffered from the defamation. Insults, on the other hand, are typically not something you can sue over. Unfortunately, the law does not protect against insults or rude comments.

What kind of damages can you sue for in small claims court?

Typical claims in the small claims court include:Pursuing unpaid invoices.Breach of contract claims.Sale of goods and services disputes.Claims for unpaid rent.Building disputes.Professional negligence claims.

Can you sue someone for being annoying?

If the annoying behavior is causing you some real injury, a lawsuit may be appropriate. If the only injury is your frustration, a non-legal course of action is probably best.

How long do you have to file a claim after an accident?

Cities, counties, and other governments are free to set the rules under which they can be held liable for causing injuries or property damage. As a result of that freedom, most municipalities have put strict procedures in place for a claimant to follow before he or she can get compensation for an injury. You usually need to file a claim within a short amount of time after your accident or injury—30 to 180 days in most cases.

Can you sue a government employee for an accident?

From a procedural standpoint, the kind of case you're talking about is not a " lawsuit "—at least, it won't start out as one. You cannot usually just file a lawsuit against a government agency or government employee after an accident, the way you would a private citizen or business.

Do I need a lawyer for an accident?

If you think that a local government entity (or a government employee) is to blame for an accident, you don't need to hire a special kind of lawyer in order to bring a legal claim. You're most likely looking for a personal injury lawyer who represents people who have been injured as a result of someone else's negligence.

Defining Venue

The term venue refers to a proper place (county or judicial district) in which to file a lawsuit. Venue rules are developed by state courts to protect the defendant from having a case filed in an inconvenient court (for example, at the other end of the state).

Finding the Proper Venue

For venue purposes, the correct judicial district can normally be the district in which:

Choosing a Venue

More than one judicial district can be the correct venue for a lawsuit. Lawyers call the process of deciding which court is best for a plaintiff's case "forum shopping."

How long do you have to wait to file a lawsuit?

This period is typically between 30 and 120 days. The court will dismiss a lawsuit that is filed before the Notice of Claim period expires.

How long do you have to file a lawsuit against a state?

Some jurisdictions require that you file a claim within 30 days of your injury. Other states require a claim within 60, 90, or 120 days after your injury. Many states have one time limit for claims against a city, town, county, ...

What happens if you don't follow the notice of claim guidelines?

Instead, you need to provide a "Notice of Claim" to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court. You must ensure that the Notice of Claim complies with laws of the applicable jurisdiction. Format of the Notice of Claim.

Who is the notice of claim addressed to?

Format of the Notice of Claim. In most jurisdictions, the Notice of Claim must be addressed to each person or entity that caused your injuries. The Notice of Claim is not filed with the court, but must be mailed (often by certified mail) to each government employee or entity.

Who can be held responsible for a personal injury?

A city, town, county, or state government can be held responsible when it causes injuries, just as any normal person or business can be held liable. However, unlike normal personal injury lawsuits, there are rigid steps to follow and deadlines to meet for an injury claim against the government. Failure to follow these steps or meet ...

What is the statute of limitations for personal injury?

The statute of limitations is a legal term that describes the period of time in which you must file a lawsuit or bring an injury claim after your injuries.

How long do you have to file a civil rights lawsuit?

an employee alleging discrimination) must file a complaint with the Equal Employment Opportunity Commission (EEOC) before filing any private lawsuit, and must do so within 180 days of the alleged offense. Only after receiving permission from the EEOC may individuals file alawsuit. This permission typically comes in the form of a "right to sue" letter issued by the EEOC, usually only after the EEOC has found sufficient evidence that a civil rights violation has occurred.

What is a right to sue letter?

This permission typically comes in the form of a "right to sue" letter issued by the EEOC, usually only after the EEOC has found sufficient evidence that a civil rights violation has occurred. State agencies may also investigate a complaint for civil rights violations or discrimination, and may work alongside (or in place of) a federal agency.

What to do if you have been a victim of a civil rights violation?

If you believe you have been the victim of a civil rights violation, you most likely have the option of filing a lawsuit against those responsible for any harm suffered as a result. Following are a few things to consider before filing a lawsuit for a civil rights violation -- including the requirement that you file a government claim before filing a lawsuit in some types of cases, the choice of where to file (federal or state court), and what to expect in a lawsuit.

What to expect in a civil rights lawsuit?

What to Expect in a Lawsuit. A lawsuit for a civil rights violation will be filed and handled in civil court (federal or state civil court, as discussed above). In a civil case, the person claiming a civil rights violation (the "plaintiff") files a "complaint" with the court. The complaint sets out certain facts and allegations, ...

What to do if you believe you have been violated?

If you believe you have suffered a civil rights violation,the best place to start is to speak with an experienced civil rights attorney. Important decisions related to your case can be complicated -- including which laws apply, whether you must file a claim with the government, and where you should file your lawsuit.

Is a complaint to the EEOC a dual filing?

As part of its standard procedure, that state agency will usually send the complaint to the EEOC at the federal level, so that it becomes a "dual filing.". An experienced civil rights attorney will be able to tell you whether filing a government claim will be necessary in your case. Thank you for subscribing!

Can you file a lawsuit for intentional discrimination?

So, if you believe you have a claim for intentional discrimination in employment, file a lawsuit in federal court.

How to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.

Why is it important to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.

Why do judges get annoyed with lawyer shopping?

Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets. It also suggests that you are a difficult client, or that your claims are not meritorious.

What are the bad things about lawyers?

Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.

Does a lawyer-client relationship last forever?

. . . like all relationships, the lawyer-client relationship does not always last forever.

Is a lawyer responsible for your own legal affairs?

One important thing to realize is that, even though you hired the services of a professional, you are still ultimately responsible for your own legal affairs, and for what your lawyer says and does on your behalf. If you believe there is a problem with the service you are receiving, it may be vital to your interests to do something about it.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

Does losing a case mean you committed malpractice?

It's important to understand that just because you lost your case, it does not mean your attorney committed malpractice. In every case, one side will win and one will lose, despite the skill and experience of the lawyers on each side.

Can you sue a lawyer for malpractice?

It is very frustrating to feel that an attorney you trusted has let you down. Suing for malpractice is one way for you to be compensated for wrongdoing by your lawyer.