If am considering bringing suit against my surgeon, where do I file if I have recently moved?

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If am considering bringing suit against my surgeon, where do I file if I have recently moved?

The was 8 months ago.I lived in one state but 5 months later I relocated to another state, where I now live. Can I see an attorney here or do I have to contact one in my former state of residence?

Asked on July 7, 2014 under Malpractice Law, California

Answers:

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

Answered 9 years ago | Contributor

You are the plaintiff.  Your surgeon is the defendant.

A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the claim arose.  You can file your lawsuit in your current state of residence or the state where your surgeon is located or where the claim arose.

For convenience purposes such as court appearances, filing documents with the court, etc., it would be advisable to file your lawsuit in your current state of residence.  It would be advisable to retain an attorney in the state where you file the lawsuit. 


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