Home > Research Legal Advice > Personal Injury > What state will I sue in, court I will go to, and alternative dispute re...
Asked about 1 year ago - Norman, OK
Flag
If I live in Oklahoma and decided to drive to Texas one day and while in Texas I got in a wreck with someone from Louisiana, and I sue the person for personal injuries and property damages totaling $90,000.
A.) Where do I file the lawsuit? Texas, Oklahoma, or Louisiana? If I'm correct, I don't have minimum contacts in Texas so do I have to file in my home state of Oklahoma?
B.) If I can sue in Texas, which court would have jurisdiction for a $90,000 lawsuit?
C.) Are there any alternative dispute resolutions available to me to resolve this?
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
You can file in Texas, but you might want to file in Oklahoma or Louisiana. Texas is an awful state for plaintiffs as they have invoked massive tort reform. Oklahoma is marginally better. Louisiana is an excellent state, but you risk being "home-towned" by being an Okie suing a Lousiana resident in his home state.
There is not enough information in your question to properly analyse the choice of forum and law questions you pose.
Sincerely,
Rick Woods
Wow, well-researched questions. Texas law will apply, almost certainly, but I'd need to talk it over with you to suggest which of the "where" places is best. It may be Texas or LA. It could be state court or federal, possibly.
Marc
••••• Sent Mobile •••••
Marc C. Lenahan
Lenahan Law, P.L.L.C.
SevereInjuryLawFirm.com
214•295•1008
214•295•2664 fax
888•482•2820 toll-free
2655 Villa Creek, Suite 204
Dallas, Texas 75235
Law@Lenahan.com
Advisory Board Member,
National Crime Victims Bar Association
Board Member,
Brain Injury Association of Texas
You can file in Texas because the wreck happened in Texas. If you sue in Texas, either state district court or federal court would have jurisdiction. Federal court has a $75,000 minimum for diversity jurisdiction; state district court has a $500 minimum. Texas state tort law would apply, and a Texas has a 2 year statue of limitations for torts. If you sued in Louisiana where the defendant resides, there is a 1 year statute of limitations.
Most Texas courts either require pre-trial mediiation, or at least recommend it.
Talk to a personal injury attorney - not with the insurance company.
John Zgourides
http://zgourides.com
http://www.linkedin.com/in/houstonlawyer
