Which Court Should My Lawsuit Take Place In?

acceladmin   September 27, 2016   Comments Off on Which Court Should My Lawsuit Take Place In?

A lot of times, you may have different options as to what court to start a lawsuit in. What court your lawsuit should take place in depends on the type of case, where the case occurred, and where the parties live. Generally, in New York, most of my cases are brought in State Supreme Court. State Supreme Court is different than the US Supreme Court. The difference here is that the United States Supreme Court is an appellate court, while the New York State Supreme Court is a trial court.

For other cases, it might be more appropriate to bring them in a lower court, which would be the city or county courts. If it is a claim against the State of New York, there’s no choice in the matter. The case has to be brought in the Court of Claims as only those cases can be heard in the Court of Claims. If you have a case involving, let’s say a city and the State of New York, you will have to have two cases going at the same time because the Court of Claims can only hear cases against the state.

There is also the possibility of bringing cases in federal court. You would need what is called a diversity jurisdiction for that or a federal question. Sometimes, it happens if you are on a party boat in the Hudson River, and you get injured, that’s actually Federal Maritime jurisdiction, so that case would wind up in federal court, as well as in State court. There are a number of choices, and we will discuss it with you and determine which is the best and most appropriate place to bring your case.

If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.