After a truck accident in Pennsylvania, an accident victim will want to recover for personal injuries and property damages. If the accident happens between parties who are not of the same state, such as a Philadelphia injured party being smashed by a truck driver working for a company of another state like New York, there will be concerns on where to file the lawsuit, and which court may hear the case.
Generally, a civil action is filed in state court. A case may be filed in federal court if the case is based on a federal question. A car accident is usually based under state law. A case may also be filed in federal court if there is diversity of citizenship between the parties and the amount in controversy meets the minimum requirements for federal court.
In federal court, venue is usually proper in one of the following: (1) judicial district in which any defendant resides, if all defendants reside in the same state; or (2) judicial district in which a substantial part of the events or omissions on which the claim is based occurred. Where there is otherwise no judicial district in
which the action may be brought, venue is proper in a judicial district in which any defendant may be found, unless federal subject matter jurisdiction is based exclusively on diversity jurisdiction, then venue is proper in a judicial district which any defendant is subject to personal jurisdiction at the time the action commences.
Corporations are domiciled (a) where they are incorporated and (b) where they have their principal place of business. For instance, a trucking company may be domiciled in New York if that is where it is incorporated. If the company has operations in New Jersey, it may also be domiciled there. Residence for an individual is his/her domicile. This is where the individual considers his/her home. For example, a person may live in another state while away during college, but intends to go back to the home where his/her parents live. The home where his/her parents live is the domicile.
In an action against a corporation, venue is proper in any judicial district in which the corporation is subject to personal jurisdiction at the time an action commences. A party may move the court to transfer any civil action for the (1) convenience of parties and witnesses, (2) in the interest of justice (3) to any court where it might have been brought (subject matter jurisdiction, personal jurisdiction).
Contact a personal injury attorney in the Philadelphia, PA area if you get injured in a car accident, as you may be able to receive compensation for property damages or personal injuries.
