Legal Question in Personal Injury in Illinois
Can I sue or is this out of Jurisdiction?
I was in the caribbean where I attend school. I was pushed to the ground by another student. As a result I fractured my leg in several places and require surgery. Can I sue this individual in my home state of Illinois or is this not possible due to where the event took place?
Thanks
2 Answers from Attorneys
Re: Can I sue or is this out of Jurisdiction?
You cannot sue the individual in Illinois unless the individual "resides" in Illinois or can be served with a summons here. Generally, you can only sue an individual in the place where that individual resides, or in the place where the incident occurred.
Re: Can I sue or is this out of Jurisdiction?
In Illinois, an action may be brought in the county where the defendant resides or the county where the transaction or event occurred out of which the cause of action arose. Accordingly, you could sue this individual in an Illinois court only if the individual resides in Illinois. However, U.S. federal courts permit actions between citizens of different states, and depending upon the jurisdictional facts and circumstances, you might be able to file in an Illinois branch of the federal court.
This sounds like the sort of matter you would ordinarily bring to an attorney rather than file yourself. The attorney you choose would likely be able to advise you regarding the particulars of where and how your case can be filed.
This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information. In sum, the information you obtain from this email is not, nor is it intended to be, legal advice.