Washington DC Injury Lawyer Blog
After someone is injured in any kind of accident, they may seek financial compensation from the at-fault party through a personal injury lawsuit. However, before a party’s case is heard by a court, several facts must first be established. One very important fact that must be determined before a case is heard is whether the court where the case is filed has “jurisdiction” over the defendant and the case.
Jurisdiction is a legal term that refers to a court’s ability to issue a binding order on a party. If a court does not have jurisdiction over the parties, it will not be able to legally hear the case, and any ruling or verdict in the case will be invalid. Therefore, before a case proceeds to trial, jurisdiction must first be established.
Jurisdiction is actually a complex legal subject that is often argued and contains many nuances. There are two types of jurisdiction, each of which must be established. They are personal jurisdiction and subject matter jurisdiction. Personal jurisdiction refers to a court’s power to implement an order binding the parties. Subject matter jurisdiction refers to a court’s power to hear the specific topic of the case being filed.
Personal jurisdiction can be established in several ways. One way is to show that the defendant resides or operates a principal place of business in the jurisdiction where the case was filed. Personal jurisdiction can also be established by the defendant’s consent. Finally, personal jurisdiction can be established if the defendant has sufficient “minimum contacts” with the jurisdiction. This was the subject of a recent case involving a car accident in Colorado.
Magill v. Ford Motor Company: The Facts
Magill was involved in a serious car accident in Douglas County, Colorado. After the accident, the plaintiff filed a product liability case against Ford, the manufacturer of the vehicle he was driving at the time of the accident. He claimed that the safety restraint system was defective, leading to his injuries. The lawsuit was filed in Denver, where neither of the parties lived.
Before the trial began, Ford argued that the Colorado court did not have personal jurisdiction because it was not “at home” in Colorado. Ford is a Delaware business with its principal place of business in Michigan. Ford argued that, while it does maintain a registered agent in Colorado, the accident did not involve any of its Colorado contacts.
The court ended up avoiding the issue and asked the lower court for clarification on other issues. However, the issue of personal jurisdiction will eventually need to be dealt with by a court. This case shows how unanticipated issues can arise in a personal injury case, and thorough preparation is critical to the speedy resolution of a case.
Have You Been Injured in a Washington, D.C. Car Accident?
If you or a loved one has recently been injured in any kind of Washington, D.C. car or truck accident, you may be entitled to monetary compensation. However, determining where the case should be filed is often not as easy as walking into the nearest courthouse and filing the paperwork. The assistance of a skilled and knowledgeable personal injury attorney is critical to a case’s success, even in the early stages of a case. Call 410-654-3600 to set up a free consultation with a dedicated personal injury attorney at the Maryland, Virginia, and Washington, D.C. law firm of Lebowitz & Mzhen Personal Injury Lawyers. With decades of experience and thousands of cases under their belt, the attorneys at Lebowitz & Mzhen have the experience you need to feel comfortable leaving your case in their hands.
More Blog Posts:
Continuing Course of Treatment Doctrine May Extend Statute of Limitations in Some Maryland and Washington, D.C. Medical Malpractice Cases, Washington DC Injury Lawyer Blog, September 20, 2016
Court Determines Homeowner’s Insurance Policy Covered Dog-Walking Injury, Washington DC Injury Lawyer Blog, September 6, 2016