Do I need a lawyer in the same state

UPDATED: Sep 30, 2022

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Do I need a lawyer in the same state

Considering malpractice suit against a doctor I
saw while living in another state. Do I need a
lawyer from that state or can I find one where
currently living?

Asked on April 4, 2016 under Malpractice Law, Illinois


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

Answered 6 years ago | Contributor

Since you are the plaintiff, you can file the lawsuit in the state where you reside, or in the state where the defendant (doctor) resides or in the state where the claim arose.
If you file in the state where the doctor resides, it would be advisable to retain an attorney in that state because if you retained an attorney in your current state, it would be expensive for your attorney to travel to the other state for court appearances, if necessary.  Also, the attorney in the other state would  probably be more familiar with local court rules regarding filing requirements, deadlines, etc.  There would also be issues regarding the attorney not being licensed in the other state; however, that can be resolved to allow the attorney to represent you there.

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 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.

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