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Robert8291

Car Wreck - Please help

5 posts in this topic

I am a resident of Kansas who was seriously injured in a car crash in Oklahoma. The driver of the other car, "Hunter" (fake name), is a resident of Missouri. Can I demand Hunter to pay for my car repairs and personal injuries which exceed $100,000. Can I sue Hunter in federal court and if so, in which state should the lawsuit be filed?

 

Thank you for the help!

 

Robert.

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You can demand anything you want to, it doesn't mean he will do anything. If your damages are in excess of 75,000.00 you can sue him in federal court in Missouri or Oklahoma. Or, generally much less complicated you can sue him in state court in Missouri or Oklahoma. You will not find many PI attorneys who regularly practice in federal court.

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I agree with doucar's response and will add two more comments.

 

Federal court will apply the state law of the state in which you litigate the case, just as the state court of that state would. The difference is that the federal court applies the federal rules of civil procedure, while the state court will apply the state rules of procedure. The federal rules tend to be more complex than state court rules and more expensive to litigate. For most auto accident cases, there won't be any significant advantage to you in federal court.

 

With damages exceeding $100,000, you really want a PI attorney representing you. An insurance company (and I assume the other driver had insurance since the laws of every state require it) will take it much more seriously if you have a lawyer than if you try handling it yourself. Thus, your chances of getting a worthwhile settlement will be a lot better with a lawyer than without one. 

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On 6/9/2018 at 3:04 PM, Robert8291 said:

Can I demand Hunter to pay for my car repairs and personal injuries which exceed $100,000.

 

Of course you can.  Anyone can "demand" anything from anyone.  I can demand that you wash and wax my car every Saturday.  "adjusterjack" can demand that "Tax_Counsel" clean his swimming pool every Tuesday.

 

With all that being said, what exactly was this question supposed to mean?

 

 

On 6/9/2018 at 3:04 PM, Robert8291 said:

Can I sue Hunter in federal court

 

I'll assume the intent was to ask whether a United States district court would have subject matter jurisdiction over such a lawsuit.  If so, the answer is that section 1332 of Title 28 of the United States Code gives U.S. district courts subject matter jurisdiction over suits in which the amount in controversy exceeds $75k and all defendants are citizens of different states than any plaintiff.  Out of curiosity, why do you think it would be to your advantage to sue in federal court, rather than state court?

 

 

On 6/9/2018 at 3:04 PM, Robert8291 said:

in which state should the lawsuit be filed?

 

The basic venue rule for suits in federal district courts is found in section 1391(b) of Title 28 of the United States Code.

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