Where Will My Malpractice Case Be Filed?

Suppose the lawyer negligently handled a legal matter for you in New Jersey but now you have retired and you live in Miami Beach. If you sue the lawyer,  you will in all probability have to sue him in the state where the negligence occurred, i.e., New Jersey. In other words, malpractice cases are normally filed where the malpractice occurred or the legal services were to be performed, or sometimes where the defendant resides, and not where the client  lived, did business, or moved afterwards.

For malpractice cases occurring in Florida, the plaintiff has the option of suing either in the county where the malpractice occurred, or where one or more of the defendants resides. Most of the time the case will be brought where malpractice occurred, and that will be the same as where the defendant or defendants reside. 

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 This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship.  Malpractice laws vary from state to state and are constantly changing.   If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases.

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