When can I file my personal injury lawsuit in Federal Court?

Filing a personal injury lawsuit in-state (Superior Court)

In New Jersey, the state court system is known as Superior Court. Superior Court is broken down by county. Generally, you can file your personal injury lawsuit in Superior Court. You can file your personal injury lawsuit in the following counties:

• Your county of residence
• The defendant’s county of residence
• The county where the accident happened

If the defendant is a corporation or other business entity, the county of residence is any county where the company regularly conducts business. So if you live in Middlesex County, you may file your lawsuit with the Middlesex County Superior Court.

Filing a personal injury lawsuit in Federal Court

The federal court system is broken down by region. In New Jersey, there are courthouses in Newark, Trenton and Camden. Access to federal court is more limited than Superior Court. To file a personal injury lawsuit in federal court, you generally need to “show diversity”. This means that all defendants must have legal residence somewhere outside of New Jersey. In addition, you must claim damages of at least $75,000. If your lawsuit does not meet these two requirements, you generally must file in Superior Court. A common type of lawsuit filed in Federal Court by New Jersey residents is claims against interstate trucking companies and their drivers, since these companies usually have legal residence and conduct business outside of New Jersey and these claims are often for amounts over $75,000.

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About RAM Law

RAM Law represents all of Central Jersey in personal injury cases and is staffed by experienced accident and injury attorneys. We provide legal help for victims of slip and fall accidents, medical malpractice, workplace injuries, truck and car accidents, and other personal injuries. Call (732) 247-3600 to discuss your case and set up a free consultation at our New Brunswick or Somerville law offices.