Legal Question in Personal Injury in Florida

My class is working on a project surrounding an accident that occurred in 2006. Ultimately, our research will lead to a mock trial for our final grade in summer school. In researching the case, some of the information given doesn't add up. Part of the research is to determine accuracy of data given. That's when this question came up in our group. . .Names have been changed for the question . . . In the state of Florida, the Abbotts received injuries from the Costellos during an auto accident. The Abbotts also had one of the Jones in the car with them (the Jones member didn't survive & was an adult). The Jones family filed suit in the county where the accident occured for wrongful death. The data given by the instructor indicates that the Abbotts also filed suit, but there is no record of the suit in the county where the accident occurred. Is there any reason the for the Abbotts to file suit for injuries in a county other than where the accident occurred? If so, what would be the logic/method used to determine an alternate county? fyi - the accident was outside of Jacksonville

Thanks for your help!


Asked on 6/12/10, 9:17 am

2 Answers from Attorneys
Angelo Marino Angelo Marino Jr. PA

Costellos may live in a different county and or state. If in another state and the claim is greater than $75K, then diversity of jurisdiction applies and it goes to federal court. Good luck. See www.FL-PI-Lawyer.com

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Answered on 6/12/10, 12:23 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The Costellos can be sued in the county where they live. If they live in a different state, they can be sued there. It could be in federal court if there is diversity furisdiction.

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Answered on 6/13/10, 8:35 pm


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