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Where is the best forum to bring a personal injury action? Federal Court? State Court? In a diversity action- where the plaintiff and defendant are from different states- there is an opportunity to sue in the Federal Court. Bear in mind that there still must be jurisdiction over the defendant. I will discuss this jurisdictional issue in another blog. The purpose of this blog is to discuss the relative merits of Federal versus State Court for personal injury actions.
For the most part, and generalizations do have exceptions, experienced personal injury lawyers will maintain that the State Court is the preferred forum. I do not intend to get into a major jurisprudential discussion; I simply want to advise readers that generally the State Courts are considered a more hospitable place for injury cases. There are many theories for this and I will offer a few: the perception that federal jurors are more affluent, that juries of fewer than twelve pose more difficult challenges for the plaintiff, and that Federal judges view their courtrooms as appropriate places for major policy questions and not for the adjudication of injury matters.
Maybe that old adage, “Don’t make a Federal case of it” makes sense.
Feinberg & Alban, P.C. fervently protects your rights
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Attorney Colleen Santora was amazing! I was hit by a car, completely overwhelmed and really just needed to focus on getting better. Retaining her, truly gave me peace of mind that all of the upcoming medical bills would be taken care of. I healed ...
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While visiting boston, my husband was injured and required surgery, and the tribulations that followed. Living out of state, we had NO idea what to do, and we needed guidance. Collen and her team were and ARE a God sent. Colleen answered all of ...
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I worked with Colleen Santora and had a great experience! I was very overwhelmed after my injury (MBTA at fault) and she made the process clear and easy. She always answered any questions I had and answered my emails within minutes every time. She al...
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On vacation my mother had an accident in the Boston Airport that required surgery and prolonged physical therapy. It was a long, painful and extremely stressful process. My mother felt hopeless and her chronic pain was debilitating. My mother finally...
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