State v. Federal – Chicago Personal Injury Attorneys Weigh In on Jurisdiction
What’s jurisdiction got to do with it?
If you are preparing to file a lawsuit for an injury and you live in Illinois, personal injury lawyers can help you determine which court holds jurisdiction over your particular case. There are both federal and state laws which limit and grant a court’s jurisdiction. If you were injured and plan to seek compensation, and you live in or around Chicago, personal injury attorneys will know the appropriate court in which to file your claim.
To make a legally valid decision, a court must have two types of jurisdiction: personal jurisdiction and subject matter jurisdiction. Personal jurisdiction rules determine whether a court has power over a particular defendant, whereas subject matter jurisdiction establishes the court’s power to hear the type of case a lawsuit involves. If you were involved in an accident or injury and you live in or around Chicago, personal injury attorneys can help you understand which jurisdiction your case applies to.
The nearly universal rule is that the courts in a state have personal jurisdiction over all people or businesses that are citizens of or do business in that state. So, if you live in Illinois, and your accident or injury occurred in Illinois, your case would be tried locally since an Illinois state court has personal jurisdiction over all of the citizens of the state.
There are exceptions to some injury cases, especially on the job injuries. For example, if an injured worker is employed by a railroad, he falls under the Federal Employees Liability Act (FELA) — a law that provides special protection to employees of railroads.
If you were injured in or around Chicago, personal injury attorneys should be very familiar with jurisdiction limitations, and will act quickly in preparing your case.
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