Where to File a Truck Accident Lawsuit: The Forum Matters
Just like in every other tort case, the choice of where to file suit is important in making sure that an injured person can recover for all of the damages caused by the persons (or companies) who caused a tractor trailer accident. In fact, the choice of the forum can make the difference between a meaningful recovery for the injured person, and no recovery at all. For the most part, you always have the right to file suit in two places: (1) where the collision occurred, and (2) the defendant's principal place of business. The law in different states may vary tremendously. For example, there may be caps on noneconomic damages. There may be a cap on punitive damages, or punitive damages may be disallowed altogether. Comparative negligence laws can also vary significantly. The statute of limitations may be different. Some states will not allow for joint and several liability, and some states may have a collateral source rule.
All of these factors play a huge role, and the skillful truck accident lawyer will know and compare each of these factors, before choosing a forum.
South Carolina injury attorney Michael Jeffcoat also represents victims of school violence and misconduct.
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