Consuela: Hi Jason, my husband was hit by the driver of a company truck and had to go to the hospital. Our car was wrecked pretty bad too. The guy who hit my husband lives in San Antonio, and the company is there too. Can we still file the lawsuit here in South Texas where we live?
Jason: I’m sorry to hear about your husband’s accident, Consuela. To answer your question, you should be able to file in your home county, but the venue may be challenged.
Consuela: Why is that?
Jason: So here in Texas, the venue where a lawsuit can be brought is determined by either the county where it occurred, the county in which the defendant lives, or the county where the defendant company has its headquarters.
Consuela: So does that mean the company could ask that the lawsuit be moved to San Antonio? That doesn’t seem right.
Jason: It’s difficult to say for sure what the company might do, especially without knowing more details about your case. However, it is possible for the company to dispute the venue and obtain a transfer for the convenience of the parties and witnesses and in the interest of justice.
Consuela: But the accident happened here and so wouldn’t any witnesses be here? Plus, my husband is injured, and our car is not drivable. It would be very difficult for us to travel.
Jason: Consuela, you have some very valid reasons for wanting to keep your case close to home. My suggestion is to get help from an experienced injury attorney as soon as possible. Your attorney could gather the facts of the case and fight for your best interests.
Consuela: But if I don’t know where the lawsuit will take place, how do I know where to hire a lawyer? Should I get one in San Antonio or here locally?
Jason: When looking for an attorney, I would ask about his/her willingness to travel for a case. You may also want to know more about their experience on cases in different counties. Personally, I travel throughout the state for my clients and have worked on many cases in both San Antonio and South Texas.
Consuela: Thank you, Jason. That’s good to know!
DeSouza Law firm is a leading personal injury firm representing accident victims throughout Texas.
If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call Jason DeSouza personally today at 210-591-9777 or 361-799-2222 or visit the firm online at https://jfdlawfirm.com.