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Where would a lawsuit be filed if the accident happened in PA and the truck involved was incorporated in DE

I am trying to understand the law. This did not really happen but I am trying to understand the situation.

I live with my grandmother in greensburg pa during the summer, but during the school year I attend a college in Va. During the summer I was in an accident in PA A truck hit me and caused bodily injuries costing about $350,000. The business truck that hit me is incorporated in Delaware, its business office is in LA, and has no other contact in PA.

Where do I file the suit?

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Attorney answers (4)

Avvo Pro

Reputation Level 18
The most likely procedure would be to file suit in PA. There are provisions for service of process on non-resident defendants, such as the trucking company. It may be that it has a registered agent on record with the PA Department of State.

Many corporations are incorporated in Delaware even though they may have no operations there. If you have to serve them personally, service is validly made at their principal office.

If you have that much at risk, you should not try to do this yourself. There are many attorneys who specialize in motor vehicle personal injury suits, includint in Greensburg.

Avvo Pro

Reputation Level 10
The legal term commonly referred to that relates to your question is "venue." There are specific legal rules related to venue. Proper venue and the assessment of where the lawsuit should be filed can be complex. You should immediately consult with a licensed Pennsylvania attorney, experienced in injury law, as the attorney may need to conduct further investigation into the facts of your case to determine the proper venue.

Depending on the circumstances and facts of your particular case, venue may include Federal Court, Westmoreland County Court, Allegheny County Court, or other Pennylvania County Courts. Likely, the case will be venued in Pennsylvania since your accident occured in Pennsylvania. However, the question of where frequently arises. This is exactly why you need to immediately contact and discuss the facts and circumstances of your case with a licensed Pennsylvania attorney who practices injury law. Have the police report available to you as I suspect the attorney(s) you speak with will have specific questions you may or may not know but might be included on the police report. If you do not have the police report, an attorney can get it for you.

I would also suggest speaking with at least two or three different attorneys before you decide on who will represent you. Most injury attorneys will provide free consultations and you should be comfortable with the attorney who will be handling your case.

Reputation Level 10
The above answers are correct but you need to realize one thing. The law really focusses more on where you cannot file suit and then that law usually only applies if the defendant objects. You can sue without objection in PA., DE. and CA and possibly VA.

Reputation Level 20
The suit would be in PA. By using the roads in PA, the truck company has contacts in that state and those contacts are the exact ones involved in the suit you would bring.

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