Diversity Jurisdiction and Georgia Personal Injury Lawsuits

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$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

If you are injured in a car accident caused by the negligence of another person, your typical remedy is to file a personal injury lawsuit in state court. Depending on certain factors, the defense may have the right to transfer the case to federal court. This is known as “removal.”

Removal is permitted under federal law when two specific conditions are met: First, the “amount in controversy” must be more than $75,000; and second, there must be “complete diversity” between the parties. This means that if you are a Georgia resident, all of the defendants named in your lawsuit must be non-Georgia residents. If even one defendant is from the same state as you, you can have your lawsuit returned to state court.

Hickerson v. Enterprise Leasing Company of Georgia, LLC

Of course, if you later try to add a Georgia defendant to an existing lawsuit in order to get your case back to state court, the federal court may stop you. Take this recent decision from the U.S. 11th Circuit Court of Appeals, Hickerson v. Enterprise Leasing Company of Georgia, LLC. This personal injury case arose from an accident involving a rental truck.

The three plaintiffs are Georgia residents who were passengers in the truck. Their lawsuit was filed in Georgia state court and initially named the two companies that owned the truck, which were out-of-state corporations. The plaintiffs alleged the defendants were negligent in renting the truck to the driver, who had no insurance. The driver himself was a relative of the plaintiffs.

The defendants removed the lawsuit from state to federal court. The plaintiffs then tried to amend their lawsuit to name the driver, who was a Georgia resident, as a co-defendant. Such an amendment would effectively require the federal court to return the case to state court. The federal judge, however, did not give the plaintiffs permission to amend their complaint because the court saw it as a deliberate attempt to defeat diversity jurisdiction.

The plaintiffs appealed the judge’s denial, but the 11th Circuit affirmed. The trial court acted within its “broad discretion” to prevent the plaintiffs from adding a defendant to their case after-the-fact. While there is no hard-and-fast rule in the 11th Circuit on how to address these situations, the Court noted the plaintiffs had “full knowledge of” the driver’s role in the accident beforehand. Indeed, the police report of the accident said the driver was at fault for what happened. So, there was no reason he could not have been named as a defendant initially. The 11th Circuit said the plaintiffs were apparently reluctant to name the driver due to their family relationship, which suggested he was only added later to defeat diversity jurisdiction.

The 11th Circuit also rejected the plaintiffs’ claim that the defense failed to show the amount in controversy was more than $75,000. The plaintiffs argued their lawsuit never specified an exact amount of damages, and that none of their “individual claims sought more than $75,000.” The Court of Appeals noted that to establish federal jurisdiction, only one plaintiff’s claim needed to exceed the $75,000 threshold. Given that all of the plaintiffs said they sustained “serious, lasting physical injuries” in the accident, it was “facially apparent that these claims are worth more than $75,000,” even if the complaint itself did not specify an exact dollar amount.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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