When filing a personal injury lawsuit, attorneys are sometimes, depending on the state citizenship of the parties, presented with the question of whether filing in state or federal court is more advantageous for their client. While state and federal courts have many similarities, the distinctions between the two may become the difference between winning or losing a case. Prior to filing a suit, an attorney should consider the structure of both court systems, the similarities, and differences between the two, and the perceived advantages and disadvantages of filing your personal injury case in either.
Tag: federal court
What Court Will My Case Be in and Why?
Frequently Asked Questions:
What Court Will My Case Be in and Why?
In the United States, there are essentially two different justice systems for resolving personal injury lawsuits and other types of civil lawsuits.
There are federal courts, which are primarily created by the United States Constitution (though some specialty courts, like Bankruptcy Courts are created by the other branches of government). There are also state courts, which are principally created by state governments.
Determining which system will decide a civil suit — which is a question of which court system has jurisdiction — depends upon the answers to a couple of questions.*
