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Articles Tagged with jurisdiction

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Alabama Accident & Injury LawyersWhere can I file my workers’ compensation claim? For many people, the answer is easy. Many people work entirely within a single state.

For others, the question brings choices. Maybe you work primarily in one state. But, you were injured while performing job tasks in another state. Years ago, these issues mainly applied to truckers and traveling salesmen. But, now, it’s not unusual for people to work across several different states.

What happens if you work primarily in one state but are injured on-the-job in another? What happens if your office is in one state but you are hurt while present in another? What are the rules for work-related injuries? Where can you file a claim?

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Blackwell Law Firm - Car Accident & Injury LawyersVenue and forum selection. I started to write on this issue months ago. At that point, the Alabama Supreme Court had issued several recent (and very debatable) decisions on the topic. I know – venue sounds like a pretty boring topic for non-lawyers. So, I chose other topics. Now I’ve come full circle back to venue after the Alabama Supreme Court again ruled against another personal injury victim on this issue.

In simple terms, venue is the county (or counties) in Alabama where a case can be filed. Specific rules govern the proper counties for filing a personal injury (or any other) case. Often, venue can be proper in more than one county. That brings a choice. And, it leads to a question raised by the recent spate of venue decisions. Why is our Supreme Court so quick to interfere with the properly chosen venue of an injury victim?

Even when a case has been filed in a proper venue, a specific Alabama statute gives courts the power to transfer the case for “the interest of justice” or the “convenience of parties and witnesses.” It’s called “forum non conveniens.” Convenience? Interest of justice? Those are some pretty subjective terms. Should the court be quick to force transfers when the issue may be gray?

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