How To Determine The Proper Venue Of A Lawsuit

How To Determine The Proper Venue Of A Lawsuit
on July 23, 2013 in Information

There are minor car accidents occurred in Broward County, mostly a car hitting a pedestrian, whom the injury suffered, was less than 5,000 US Dollars. The tendency is that, the driver of the car will promise to the injured person to reimburse and compensate him on specified time and date. However, the driver failed to make good of his promise. The injured pedestrian has no other choice, but to file a lawsuit against the car driver. In order to successfully pursue a damage suit against the driver, the injured party needs to hire a Broward injury attorney.

Your Broward injury lawyer will be gathering documents, specifically the written promise of the car driver, the car incident report from the local police office, your hospital bills and medical records and some other documents. Those documents are necessary to support and to prove the damage claims. Your lawyer will determine where to file the lawsuit against the defendant car driver. Since the damage claims does not exceed 5,000 US Dollars, a Small Claims Court has the jurisdiction over the case.

The Rule 7.060 of the Rules and Procedures of the Small Claims Court provides for the proper venue where to file the case, are hereunto enumerated, as follows:
1. Where the contract was entered into.
2. If the suit is on an unsecured promissory note, where the note is signed or where the maker resides.
3. If the suit is to recover property or to foreclose a lien, where the property is located.
4. Where the event giving rise to the suit occurred.
5. Where any one or more of the defendants sued reside.
6. Any location agreed to in a contract.
7. In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.

The venue or the location where to file a lawsuit if erroneous, the court may dismiss the case on the ground of technicality and will not hear the merit of the injury claims.

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