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. Assume Jill was injured in an automobile accident while vacationing in California. Sam was driving the car that hit her. Jill

Atlanta, GA |

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Assume Jill was injured in an automobile accident while vacationing in California. Sam was driving the car that hit her. Jill is a resident of Massachusetts. Sam is a resident of Michigan. In which state(s) may Jill bring suit and why?

Attorney Answers 4


  1. Likely, Jill will have to bring the claim/suit in California because that is where the accident occurred. This depends upon California law. In the alternative, Jill may be able to bring the claim/suit in Michigan because that is where Sam resides.

    If this same scenario took place in Georgia instead of California, Jill should bring the claim/suit in Georgia instead of Michigan. Georgia law allows the injured party (Jill) to bring the claim/suit in the jurisdiction in which she was injured - rather than having to bring the claim/suit in the jurisdiction that the defendant resides.

    Lastly, if Jill brings the claim/suit in Michigan, Michigan has some unique laws and requirements for viable personal injury claims that are distinct from many other jurisdictions (including Georgia).

    DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.atlantaautoaccidentlaw.com


  2. Jill will (probably) have to file in California because that is where the accident occurred.

    She also may be able to file in Michigan because that is where Sam lives.

    She should see a lawyer in her state immediately to weigh and discuss her options.


  3. Take your pick, California, where the accident occurred, or Michigan, where the defendant resides. Civil procedure 101. Takes about a year to learn all of the constitutional underpinnings of jurisdiction, so forgive me if I leave it at that.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.


  4. Likely California will have to be the place to sue.

    I hope this helps-

    Nima Taradji

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.

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