Will my Atlanta personal injury case be filed in my hometown?

Not necessarily. Where you live does not determine where your cause of action may be filed. The general rule followed by most states is that the lawsuit can only be brought where the defendant resides or where the defendant caused the injury.

Therefore, your attorney will generally file your case in the immediate area in which the defendant lives or in the immediate area where the actual injury took place.

In Georgia, if there are multiple defendants causing a single harm (in other words, the negligent acts of several people or entities combined to cause your injuries) you can sue all of the defendants in any of the counties where a single defendant resides. If the defendant is from out-of-state but the injury was caused here, the defendant may be sued in the county in which the injury took place.

Venue in cases under this article shall lie in any county where a substantial part of the business was transacted, the wrongful act or injury occurred, or where the real property is located. Where an action is brought against a resident of this state, any nonresident of this state who is involved in the same transaction or occurrence and who can be sued under the provisions of this article may be joined as a defendant in the county where a resident defendant can be sued. O.C.G.A. § 9-10-93.

Where to file a cause of action can involve a complex, case-specific analysis. It is one you should go over with your attorney.

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This is for informational purposes only and not for the purpose of rendering legal advice. The material and information in this website should not be construed to contain legal advice. While we will treat any information provided as privileged and confidential, you should understand that when you provide information about a potential case to Dozier Law Group, LLC, we do not become your attorneys based solely on the receipt of the information. With your permission, we may use your information to investigate whether you have the basis for a valid legal claim or defense. However, until a written representation agreement is signed formalizing an attorney-client relationship, Dozier Law Group, LLC does not represent you and has not agreed to do so.