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Guy DiMartino April 27, 2015

Q. I live in Northwest Indiana and I was injured in a car accident in Southern Indiana can my lawsuit be filed in Northwest Indiana?

A. This brings up the legal question of venue or the proper place to file a lawsuit. Arguably you could bring the lawsuit here in Northwest Indiana, however, Indiana's trial rule talks about preferred venue. When deciding the preferred location to file the lawsuit a/k/a (preferred venue), we look to the county of residence of the defendant and/or the place the accident happened.

So to answer your question, we can file the lawsuit here in Northwest Indiana, but it is likely that the Insurance Company's lawyer will file a motion with the court to transfer venue to the County that the accident happened in Southern Indiana.

If you injured when you are out of town, the place where the lawsuit will have to be filed needs to be considered when you make the decision to settle your claim or go to the next step and file a lawsuit. You will have to decide if it's worth it to have to travel back and forth to Southern Indiana to attend depositions, hearings, mediation and sometimes trial.

If you have any questions about an Indiana personal injury matter, you can call (219) 874-4878.