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Most personal injury claims are filed at the state level, meaning if the case cannot reach a settlement and has to go to court, it will be heard by a Colorado State courthouse. These cases abide by state law, which may differ from federal law. However, there are special circumstances where federal courts and federal laws may be involved. Our Denver personal injury attorney can help you better understand the specifics of your claim.
The majority of personal injury cases are handled in state courts under state law. This includes most car accident cases, slip and falls, premises liability claims, dog bite injuries, medical malpractice lawsuits, and workplace injury cases.
Since every state has different laws, it is important to understand those that will apply to your case in your state. Colorado uses a fault-based car accident law, for example, which allows crash victims to hold at-fault parties responsible for their losses. In no-fault states, on the other hand, everyone files claims with their own insurers, regardless of fault.
The state that will be responsible for hearing a claim depends on where the parties involved live and where the accident took place. If both parties are Colorado citizens, for example, the State of Colorado will have jurisdiction. If the parties are from different states, this is when federal law may get involved.
A personal injury case may fall under federal jurisdiction in multiple situations. One example is if the case involves an alleged violation of federal law. If an injury claim involves exposure to toxic substances that occurred in breach of a federal environmental law, for instance, such as the Clean Water Act, the case may be heard in a federal court.
Another example is if the plaintiff and defendant are from different states. Under a doctrine known as the diversity jurisdiction, if a case involves more than $75,000 worth of alleged damages and the parties involved are from different states, the claim may be heard in a federal courtroom for fairness. However, these cases could still be based on state law.
In addition to being heard in a different location and applying a distinct set of laws, another difference between a state vs. federal personal injury claim is the procedural rules involved. In general, federal procedures and protocols are stricter than those applied at the state level. Both types of cases involve different filing processes and requirements.
It is often in a plaintiff’s best interest to file at the state level, if possible. State courts tend to be more plaintiff-friendly, with a faster, simpler and often less expensive legal process. If your case has to go to federal court, the best way you can protect yourself is by hiring a personal injury attorney with experience in federal law to represent you.
Understanding which court and set of laws your personal injury claim involves may take a thorough investigation by an attorney. A lawyer will carefully review your case to help you understand what to expect from the future, including where your case will likely be heard.
An attorney may offer to represent you during claim negotiations, which can help you avoid a trial by achieving a fair settlement. If your case has to go to court for a resolution, a lawyer can represent you during either the state or federal court process. This can ensure that you avoid common mistakes and that your legal rights are protected every step of the way.
If you wish to schedule a free consultation about a particular personal injury claim, contact Fang Accident Lawyers today. We can represent injured clients in both the state and federal court system.