It is usually the choice of the injured party in which court a Buffalo personal injury lawsuit will be decided. There are, however, restrictions placed on this choice under New York State law.
First, the court where the claim is filed must have sufficient authority to hear a case involving the damages being pursued. As a result, most personal injury lawsuits in New York State are handled at the supreme court level. While for many other states and the federal goverment a “supreme” court is the highest level of court, in New York State there is a “supreme” court in each county.
Second, in most cases, the lawsuit must be heard in a county where one of the parties lives. If the parties live in separate counties, it is the choice of the plaintiff where to file the lawsuit. An experienced personal injury attorney should be consulted when making this decision, as he or she should have familiarity with each court and may be aware of factors that would make it better to bring your case in a specific venue.
While most cases will be heard before the supreme court of the county, there are exceptions to this rule. For example, an accident involving a non-U.S. citizen may be heard in federal court. Again, an experienced personal injury attorney should be consulted regarding what options are available.
If you have suffered a personal injury and have any questions, we would be happy to help you. Please call us at 716-542-5444.
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