If I live in one state and am pursuing a case against a hospital located in another statefor wrongful death, in hart state do I need to contact a lawyer?

Asked on October 21, 2011 under Malpractice Law, Iowa


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are the plaintiff.  The hospital is the defendant. 

A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose.  You can file the lawsuit in either the state where you live or the state where the hospital is located.  For convenience purposes such as filing documents with the court and court appearances, it would be preferable to file the lawsuit in IA where you live and have an Iowa attorney represent you.  If the statute of limitations has already expired in one state, then you will need to file in the other state provided that the statute of limitations has not expired in that state as well.  If you file the lawsuit in the state where the hospital is located, then you should be represented by an attorney in that state.

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