In any truck accident litigation, the venue can have a significant impact on the outcome, and is often more important than any single fact, according to Cook County Chicago truck accident attorneys. The venue can affect litigation in several ways.
This includes the value of the claim and costs of defending litigation. For the most part, several legal experts are of the opinion that it would be a mistake to take the plaintiff’s choice of venue for granted. It is essential for all the parties involved including the defendants and attorneys to evaluate how viable venues are and the options available to change the venue.
The role of venue in a truck accident case
Cook County Chicago and Madison County in Edwardsville are known for high verdicts and can have a significant impact at all states of litigation. One of the other aspects why the venue plays are critical role is because it determines the jury. In addition, the choice of venue could also affect the expenses and convenience associated with defending a case.
According to Cook County Chicago truck accident attorneys, many trucking companies end up defending themselves in venues where they do not have any contacts. This is especially true of trucking companies, for example, based on the East Coast, who are forced to incur expenses to defend themselves in a case in the Midwest or Western part of the country. Not only does it make communication tough but also causes inconveniences for the driver and other employees involved in the case.
Transfer of venue; the options
According to accident attorneys, there are provisions made by state and federal courts to allow defendants to change venue. They can petition to have the case transferred or even dismissed if the venue is deemed improper in federal court. If the venue is proper but not convenient, the defendants can petition to have the case transferred to a more convenient forum.
According to legal experts, the plaintiff’s venue is usually given preference by the court although it considers several other factors such as the convenience for witnesses, location of evidence, the congestion of the court docket, and more.
State to federal court
Another aspect to consider is the moving of a case from state to federal court. Under 28 U.S.C. §1332, removing a case is permitted when neither of the plaintiffs reside in the same state as defendants. For example, if the plaintiff resides in Wisconsin and the defendant truck driver and trucking company in Illinois, removal may be granted as long as the amount exceeds $75,000.
In such a scenario, the case can be moved to federal court. According to Cook County Chicago truck accident attorneys, it is always preferable to litigate high stakes cases in federal courts when compared with state courts. This is because the jurisdiction is usually more conservative where the rules are more rigid with less room for tolerance.
In addition, the plaintiff’s counsel may have less federal court experience while there are greater chances of summary judgment. According to accident attorneys, the venue must be considered right from the beginning of litigation to determine the best possible outcome.