Jurisdiction refers to the power of a court to hear and determine a case. If a court has personal jurisdiction, it means it has the power over a particular defendant and can order that defendant to follow the court’s orders. If a court does not have personal jurisdiction over the defendant, the case will be dismissed due to lack of jurisdiction and there will be no resolution of the issues.

You can meet with your Charlotte personal injury lawyer at Campbell and Associates for a free consultation. At that meeting, you should provide the attorney with all the necessary information about the person or entity you plan on filing a lawsuit against. Then, the attorney will know which court will have jurisdiction. personal jurisdiction

An Overview of Personal Jurisdiction

State courts have jurisdiction over all the citizens of the state or over those who do business in the state. The situation is more difficult when the person or business you want to sue does not live or do business in the state. Here are a few circumstances that allow you to file a lawsuit in your own state court against a non-resident or a business.

  • The person you want to sue is a person who, while driving in your state, caused a car accident in which you were injured. The accident must form the basis of your lawsuit. You can file the lawsuit in the state where the accident occurred and serve the person at fault the proper papers in their home state.
  • The defendant has “minimum contacts” with your state. This is decided on a case by case basis. A business who solicits business by making phone calls to residents of the state may be sued in the state court of a resident who received such a phone call. Another “minimum contact” could be a business that has its headquarters in another state but has branches or stores in the state where you want to file your lawsuit.
  • Your state will have personal jurisdiction over a defendant if, after you file your lawsuit, the defendant enters your state and you are able to serve him or her with the relevant court papers informing them of the lawsuit. The caveat is that you have to locate them while they are in the state and see to it that they are personally served with the proper papers.

If you were injured and need a Charlotte personal injury lawyer to determine the right court in which to file your lawsuit and to help you pursue your claim for damages, contact us at Campbell and Associates, Attorneys at Law, for a free consultation.