• Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now
Jeremy W. RichterJeremy W. Richter
Jeremy W. RichterJeremy W. Richter
  • Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now

Venue When an Out-of-State Resident Is Injured in Alabama

Venue When an Out-of-State Resident Is Injured in Alabama

Venue When an Out-of-State Resident Is Injured in Alabama

October 17, 2016 Posted by Jeremy W. Richter Civil Litigation

Sam is a Georgia resident. He comes to Alabama to shop for some fishing gear. While traveling on Interstate 20, Sam’s vehicle is struck by another driver who entered Sam’s lane of travel and sideswiped him. But rather than getting any medical treatment right away, he drives home to Georgia and goes to the emergency room at his local hospital. All of the medical treatment Sam receives for the injury he sustained in Alabama is obtained in Georgia. Sam decides that in order to be compensated for his injury and medical expenses, he needs to file a lawsuit against the other driver.

Sam needs to know whether he should file suit in Alabama (where the injury occurred) or Georgia (where the medical expenses were incurred). Similarly, the other driver will want to make sure he is in the proper venue for defending the suit that is brought against him.

Alabama has adopted a doctrine called lex loci delicti, which governs where tort actions should be brought. Under this principle, a tort (like the claims of negligence and wantonness that Sam will allege against the other driver) is determined to have occurred where the alleged harm was suffered. See In re Verilink Corp., 405 B.R. 356, 365 (Bankr. N.D. Ala. 2009); Norris v. Taylor, 460 So.2d 151, 152 (Ala.1984). An Alabama court will determine the injured party’s substantive rights according to the laws of the State of Alabama when the injury occurs in Alabama. See Norris, 460 So.2d at 152; Fitts v. Minnesota Mining & Manufacturing Co., 581 So.2d 819, 820, 823 (Ala. 1991).

Under these principles, Alabama is the most appropriate venue for Sam to file his lawsuit, because among other reasons, Alabama law will govern since the injury occurred in Alabama.

If Sam does file suit in Georgia, the other driver can have the case removed to Alabama.


Photo by Chris Yarzab.

Do your best work. Be your best self.

Get the first three chapters of Level Up Your Law Practice so you can have a successful and sustainable law practice that meets your needs through self-assessment, having a vision for yourself and your practice, and client relationships that are built on trust.

I will never give away, trade or sell your email address. You can unsubscribe at any time.

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)

Related

You also might be interested in

Damages When a 3rd Party Purchases Medical Debt

Damages When a 3rd Party Purchases Medical Debt

Sep 8, 2016

Larry Magrinat v. Myra Maddox - When a third party purchases a debt owed to a medical provider, the proper measure of damages is the full amount owed by the plaintiff.

Adoption of the Alabama Rules for Expedited Civil Actions

Adoption of the Alabama Rules for Expedited Civil Actions

Nov 10, 2016

Beginning in 2017, parties to a lawsuit in circuit court in Alabama, whose damages are limited to $50,000.00 can voluntarily assent to their case being assigned to the Alabama Rules for Expedited Civil Actions.

Contract Reformation and Mutual Mistake of the Parties

Jun 6, 2016

An Alabama Supreme Court decision touching on reformation of contracts and applying verdict setoffs.

Being a lawyer doesn’t mean doing business as usual.

Recent Posts

  • Defying Expectations in Search of Fulfillment with David Lat
  • Distinguishing the Value of Your Services with Amanda Doucette
  • Laying a Foundation for Effective Processes and Communication
  • Personal Branding for Professional Development with Lisa Lang
  • Level Up Your Law Practice with an Abundance Mindset

Search the Blog

Contact Me

Send me an email and I'll get back to you.

Send Message
Doing your best work. Be your best self. Let me help you get there with my new book "Level Up Your Law Practice"

© 2021 · Richter Holdings, LLC

  • Home
  • Blog
  • Lawyerpreneur Podcast
  • Contact
  • What I’m Doing Now
Prev Next