Each year, many accidents or incidents occur all over the country that result in injuries. When there is negligence involved, the injured party often files a claim to recover monetary relief for damages. In the majority of these cases, the action is filed in state court. Typically, the state court hears the claim because it has jurisdiction over personal injury matters. Jurisdiction is a court’s power to hear a case and make a legal decision that may become final unless appealed. If you or your loved one has been injured in an accident or incident in the state of West Virginia and wish to file a personal injury claim, contact an attorney at Colombo Law to determine you rights to relief.
Removing a Case to Federal Court
Although state courts have jurisdiction over personal injury claims, there are instances in which cases are removed to federal court. Most cases start by the plaintiff filing an action in state court. When a case meets the requirements for removal, the defendant will file a pleading to have the case removed. Removal is often requested by a defendant, and usually a defendant that is a corporation. In most cases, removing a case to federal court is a strategic response to a lawsuit which offers more convenience and other advantages to a corporation’s legal team.
Requirements for Removal
While there are several ways in which a case may be removed to federal court, the most common way is by addressing diversity of citizenship and amount in controversy. When a plaintiff seeks damages in excess of $75,000 the case may be removed to federal court if certain other requirements are met. One of the ways to meet this requirement is by raising diversity of citizenship. Diversity of citizenship may be raised where the injured party and the defendant are citizens of different states. Generally, when a corporation is involved, the corporation is considered a citizen of every state where it is incorporated and the state where it mainly conducts its business.
Federal Court Rules
When you or your loved one has an action that has been removed to federal court, it is important to hire an attorney with practical experience representing individuals at the federal level. In federal court, there are different rules and guidelines that must be followed to ensure that your case does not get dismissed for failure to comply with a deadline or another special requirement. The Colombo Law Firm has experienced attorneys who are admitted to practice in federal trial courts and will represent you or your loved one with the diligence necessary to get you and your loved ones the relief that is deserved.
About Colombo Law
The Colombo Law firm is located in Morgantown, West Virginia. Our attorneys are experienced personal injury lawyers who successfully handle hundreds of personal injury claims each year, obtaining justice and monetary relief for our clients. Colombo Law assists clients located in and around West Virginia including in Morgantown, Fairmont, Clarksburg, Bridgeport, Kingwood, Grafton, Weston, Philippi, Buckhannon, Elkins, Parkersburg, Monongalia, Marion, Harrison, Preston, Taylor, and Lewis county.