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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.