When something happens that gives rise to a lawsuit, the parties may have some choices available to them regarding in which venue the litigation gets filed. In some cases, it is clear which venue applies — juvenile, small claims or traffic courts, for instance.
Other times, the proper venue may be less clear and open to interpretation. Plaintiffs have the right to file their lawsuit in any venue with jurisdiction over the case. But equally important is the defendant’s right to object to the venue the plaintiff chooses. If they can convincingly argue that another venue is more appropriate to litigate the case, they may prevail on this matter in court.
When your attorney gets the venue all wrong
Sometimes plaintiffs face other problems with their attorneys’ choices of venue. They could be completely wrong and have no legal jurisdiction over the case the attorney filed. If your attorney didn’t wait until the last minute to file their petition for damages, there is an easy fix to this problem. They can simply re-file the action in the correct court having jurisdiction over the case.
When the case prescribes
A plaintiff’s worst-case scenario is when their attorney waits until the last minute to file the lawsuit and then files it in the wrong courthouse. There is no time then for do-overs. The statute of limitations for filing the suit came and went, leaving the plaintiff with no cause of action against the intended defendant.
Plaintiffs may have valid malpractice claims
In circumstances like the above hypothetical situation, it is a good idea to learn all about your legal options for filing a legal malpractice case against a negligent New York City attorney.