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Can I sue someone from another California county other than from the CA county where I reside?

San Francisco, CA |
Filed under: Discovery

My parent died of wrongful death in another California county from where I live. I am a disabled person. Due to accessability issues, Can I sue the doctor and hospital in another county from anothere California county where I reside?

Attorney Answers 3


Where you sue defendants for damages for wrongful death is where any of the defendants live, or in the county where the injury causing death occurred. There's no exception for a plaintiff's/survivor's disabilities.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Venue is proper where the defendant resides, or where the injury took place, as the previous answer stated. However, the courthouse where the lawsuit is filed and where the trial will take place should not deter you from filing a lawsuit. Most of the work in any civil case involves discovery requests through the respective attorneys and deposition which can be taken also in the attorney's offices.

The chances that you will ever need to travel to the courthouse other than for the trial of the mandatory settlement conference right before the start of the trial is slim to none.

So do not let the physical location for the filing of the complaint stop you from filing the lawsuit.

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First of all, please accept my sincere condolences for the loss of your parent. As a wrongful death atttorney, I try to make those liable for the death of people's loved ones fully accountable for their negligent conduct.
Under California law, the proper county to venue a case is where the injury occurred or where a defendant lives at the time of filing the lawsuit. If you are disabled you might want the case to be venued as close as possible to where you live. The best way to venue the case where you live is to find a connection between the defendant and the county where you want to file the lawsuit. In a medical malpractice case, you may have corporate defendants who may have their principal place of business in a county different from where the injury occurred. You may be able to venue the case anywhere any of the defendants reside. However you should be careful to venue the case where the witnesses will not be too inconvenienced. If the witnesses are too inconvenienced, the defendant may be able to change the venue by motion. Also, where did your parent actually die? The treatment may have occurred in one county and the death in another. I strongly recommend for any malpractice case that you consult with an attorney. Did your parent provide you with financial support? Were there high medical bills incurred as a result of the negligence? Was your parent still working at the time of their death? Who paid the bills? These are all important questions that should be answered before any attorney will be able to evaluate your claim. Best of luck to you, and once again you have my condolences. Claude

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