While Miguel lives in Texas, he buys a truck and immediately thereafter moves to Washington. On his way to Washington, he drives his truck through Oklahoma where he causes an accident by running into another car. The driver of the other car, Mindy, is from Florida. She is seriously injured and has to be evacuated by helicopter to a hospital in Kansas. Miguel is uninjured and eventually gets to Washington where he establishes his residence. In what state(s) might Mindy be able to sue Miguel? Why might Mindy choose one state over another for purposes of her lawsuit? Why might Mindy even choose to file suit in Washington even though she lives in Florida? State the reasons for your answer.
Miguel resides in Texas until he establishes a new residence state: He is a Texas Resident, and may be sued in Texas.
Miguel may be sued in Oklahoma, as the accident occurred there.
Miguel may be sued in Washington, if Miguel is served with a summons there.
If the injuries are over 75,000, Miguel can be sued in Federal Court.
Why choose one over the other: Many laws govern court actions: amount of damages, time limits, proof (evidence) requirements, court limits on torts, etc.
Mindy may be able to sue Miguel in multiple states, depending on jurisdictional and legal rules. The states that Mindy could potentially sue Miguel in include Texas, Oklahoma, Washington, and potentially Kansas, if the accident caused by Miguel occurred in that state.
Mindy might choose one state over another for her lawsuit for several reasons. One reason could be the concept of personal jurisdiction, which refers to a court's power to exercise authority over a defendant. If the accident occurred in Texas or Oklahoma, Mindy may find it easier to establish personal jurisdiction over Miguel in those states. On the other hand, if the accident occurred in Washington, Miguel established his residence there, and Mindy can establish personal jurisdiction over him in Washington, she may choose to file suit in Washington.
Another factor that Mindy may consider is the legal framework and laws in each state. Different states have different rules and regulations regarding liability, damages, and statutes of limitations. Mindy may want to consider which state's laws would be more favorable to her case and potentially increase her chances of receiving a favorable outcome or higher compensation.
Furthermore, Mindy may choose to file suit in Washington even though she lives in Florida for strategic reasons. Washington may have a reputation for being more plaintiff-friendly or having higher potential damages. Additionally, if Mindy believes that litigation and legal processes in Washington may be more efficient or timely compared to other states, she may choose to file suit there to expedite the legal proceedings.
It's also worth noting that jurisdictional and legal matters can be complex, and it would be advisable for Mindy to consult with an attorney who specializes in personal injury cases to determine the best course of action based on her specific circumstances.