If you're involved in a motorcycle accident in an area you're visiting or the defendant in the case resides in another jurisdiction, you may have a choice between two states where your case can be heard. While your resident state may be more convenient, here are two reasons it may be better to have your lawsuit transferred to another jurisdiction.
More Favorable Laws
Possibly the best reason you'd want to transfer the lawsuit to another state is the laws are more favorable in that jurisdiction. Personal injury lawsuits can be challenging to win, which is why the majority are settled before they even see the inside of a courtroom. However, some states have judges and laws that are plaintiff friendly, increasing the chances you'll win your case and get compensated for your damages and losses.
In Michigan, for instance, there is a cap on non-economic damages (e.g. pain and suffering, loss of limb, permanent disability, etc) of $280,000 ($500,000 if the person died or suffered loss of vital bodily functions) for product liability cases. If your motorcycle accident was caused by a vehicle defect, that's the most you could get for non-economic damages from the manufacturer regardless of what the actual value of your losses are. However, having the case moved to state without a damage cap ensures you get what you actually deserve.
Less Chance of Bias
A second reason to move the case to another state is to avoid being subjected to bias. The court system is supposed to treat all plaintiffs as equal and judge cases based on their merits and, for the most part, this happens. However, it's important to remember the court system is run by humans who can and do develop prejudicial thoughts, and sometimes these prejudices influence the case's outcome.
The most common type of bias a plaintiff might run into is discrimination towards him or her based on race, sex, national origin, or similar characteristics. However, the court can also be prejudiced by reporting done on the accident in the media. Details that are potentially harmful to you but have no bearing on the case may be released, tainting the jury pool. For instance, a news report may release details of past DUIs on your record, even though you weren't intoxicated when the accident occurred. This may cause the judge or jury to view you in a negative light, making it hard to secure a fair trial.
If you're concerned about bias, transferring to another state where that issue is lessened may be the best option.
For more information about this issue or to learn what it takes to litigate a case in an alternative jurisdiction, contact an attorney, like Cok Kinzler PLLP.Share
22 March 2017
Ten years ago, I was injured in a car wreck while commuting to work. When a driver rear-ended my car, I hurt my back. Unfortunately, I had to undergo a couple of weeks of physical therapy. Even after receiving physical therapy, my back never felt as good as it did prior to the wreck. Have you been injured in a car wreck recently? Consider talking with an experienced accident and personal injury lawyer. This type of attorney can help you decide whether filing a lawsuit is your best course of action to take. On this blog, I hope you will discover the benefits of speaking with an accident and personal injury attorney soon after getting injured in a car wreck. Enjoy!