Legal Question in Personal Injury in Illinois
Jurisdiction/civil law
If there is an accident in illinois, but both of the parties live in missouri, where would the complaint be filed-in Illinois or missouri?
3 Answers from Attorneys
Re: Jurisdiction/civil law
Either. You can file it where one of the defendants resides or where the events that lead to the cause of action occurred.
Re: Jurisdiction/civil law
The complaint can be filed in either Illinois or Missouri (place of accident or where the Defendant resides), however the laws of Illinois would apply to the case as that is where the accident occured.
Re: Jurisdiction/civil law
Both of the prior responses are correct, but there may be stategical benefits to filing in one place rather than the other. For instance, if the accident happened in St. Claire or Madison counties in Illinois, a plaintiff (the injured person filing the lawsuit) might be better off filing in Illinois than say St. Louis County, if that is where the defendant lives. On the other hand, if the deffendant lives in the City of St. Louis, that might be the best place to file. Some venues have reputations for seating juries which are more favorable to plaintiffs or return verdicts in higher amounts than other juries in other venues. There are also differences in the rules of evidence which might effect the decision where to file. There are sometimes considerations concerning problems of proof which are important in making the best decision. It is important that you have an attorney who will consider all of the various factors in advising you and in representing you so that you are sure to obtain the fairest compensation for your damages. If you do not already have such an attorney, you may call me for a consultation.