Federal Court

In the motor vehicle injury context, litigation in federal court is quite rare. During my years practicing as an insurance defense lawyer, we would often remove an action from state court and pull it into the federal system. This defense tactic essentially took control of the case away from the plaintiff’s counsel and pushed the victim into a more formal trial setting. Plaintiffs’ lawyers will choose to file suit in federal court only if they expect the likely verdict range to be higher. However, federal judges are typically dealing with significant constitutional cases and claims and matters involving application of the statutes embodied in the United States code. If they perceive the plaintiff as venue shopping and using federal resources unnecessarily, they may be less receptive toward hearing your claims and motions.

As a general rule, the state court system is preferred in personal injury matters. To determine whether your claim may be brought in federal court or removed to federal court by the defendants, see Article 3 of the United States Constitution and 28 U.S.C. 1332.

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