One decision that has to be made when a person is going to file a lawsuit is where they will file it. Choosing the proper jurisdiction for the case is critical because it can have a significant impact on the outcome of the case.
There are several factors that go into determining where a case should be filed. These include where the issue occurred, the parties involved in the case and specific rules that apply to the case.
What happens if the wrong jurisdiction is chosen?
If the incorrect jurisdiction is chosen for filing, the case can be delayed, incur additional costs or be dismissed. Each of these issues can cause significant issues for the person filing the case.
One of the major issues that may occur in these cases is that the statute of limitations can expire because of a delay. This could mean that a case that would have been successful is now worthless because the correct jurisdiction wasn’t initially chosen.
If a person can show that they suffered harm because of a legal professional failing to file a case in the proper jurisdiction, they may opt to pursue a legal malpractice claim. The harm can be as simple as losing the ability to file their claim or as intricate as one involving someone suffering an actual monetary loss.
Legal malpractice claims can be complex, so it’s critical that anyone who believes they have a case takes the time to consult with a legal representative who can help them to learn their options and get their case moving forward.