Location, Location, Location – Venue Matters
Even in the legal world, location can play a big part in a successful recovery for a persons lawsuit. One area that an experienced attorney can assist their client in is the selection of the venue in which to file a personal injury lawsuit against someone. The importance of venue can be seen through the daily battles that occur between parties in court over venue, or specific clauses in contractual matters that specifies which venue certain lawsuits can be brought in. There are plenty of reasons why the forum matters so much to the outcome of a case. The law that applies, The amount of money that you could possibly sue for, the statute of limitations, are just a few of the potential considerations that depend on the venue. In personal injury suits, there is one particular reason why the venue is so important to the outcome of your lawsuit: You want to have a jury that will be the most likely to reach the verdict you want.
In Maryland, the law often allows the plaintiff several options as venue for the plaintiff to select. And this decision by the Plaintiff can not be changed without great consideration from the court. The Maryland Court of Appeals has repeatedly held that if the defendant believes the venue should be change, their motions must show that “the interests of justice would be best served by transferring the action…and a motion to transfer should be granted only when the balance weighs strongly in favor of the moving party.” In the end, the the trial court has a lot of discretion on venue. A trial judge can look at the interests of all parties and make a decision as the judge see fit.
In choosing the a court there are two types of forumselection that occur. The first is what is known as vertical forum selection. This occurs when as an attorney attempts to move a case to or from federal court. For personal injury, this is less likely to be an option in areas such as malpractice or car accidents. However, product liability cases can often bring this specific venue matter into question. Most Maryland personal injury lawyers involved in cases such as car accidents and medical malpractice lawyers deal more with what is known as “horizontal” forum selection. This sort of selection involves choosing the specific county (or Baltimore City) the attorney believes will give the client the best possible chance of receiving a verdict and large judgement. The specific issues of the case are taken into consideration when deciding which judges and local juries will be more sympathetic and empathetic to what a plaintiff has gone through, and in turn more likely to rule in their favor.
In Maryland, Baltimore City and Prince George’s County are often the best jurisdictions in Maryland to try personal injury cases. Still, it is important to let a Maryland Personal Injury Attorney assess the situation and assist in making the appropriate and smart decision in filing your action. Our Columbia Personal Injury Attorney will listen to you story take a look at all the facts involved. He will use his knowledge of the Maryland court system to decide where you will have the best chance of successfully receiving damages for the accident you have been involved in.
If you have been injured in a car accident, or any other matter, please do not hesitate to CONTACT OUR OFFICE. Fred will go over the situation with, explain your options, and help you moving forward so we can possibly maximize your potential recovery by choosing the best venue for your case. CONTACT our Columbia, Howard County, MD Office for your FREE Consultation.