Definition of Venue: Choosing the Right Forum to Maximize Your Personal Injury Recovery
Venue Statutes Often Give Plaintiffs Multiple Options for Where to File a Lawsuit
“Location, location, location” is the essential rule in real estate. This mantra means a property’s location is critical to determining its value.
Location is just as important in personal injury litigation, though it goes by a different name: venue.
Venue is the court and place (geographic location) where you will file a civil action for injuries and have a trial by jury or judge. Some judicial opinions also refer to venue questions as territorial jurisdiction.
Venue rules are found in statutes and determine the geographical distribution of litigation among the courts throughout a state. The Commonwealth of Virginia has thirty-one separate judicial circuits.
This article discusses your venue options and what to consider when choosing the best legal forum for your lawsuit.
As the plaintiff, your venue selection (also called “forum shopping” by insurers and corporations) determines your case’s jury pool, procedural rules, and potential judges. These factors often dictate the outcome, including the settlement amounts offered for your injuries and the damages awarded by the judge or jury.
Defendants and their lawyers know how much venue impacts the case’s likely outcome. So, you can expect your opponent to look for a way to transfer venue to a place known for lower jury verdicts in auto accident and personal injury cases.
When a dispute over venue arises between the parties, which frequently occurs, the court must determine a fair and convenient place of trial based on the statutes and other factors.
Continue reading to learn more.
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Statutes Govern Venue in Virginia
The Code of Virginia has statutes that authorize venues in specific locations depending on the case type.
Code Section 8.01-257 is the general venue statute for Virginia Courts. It says the venue statutes’ goal is for every action to “be commenced and tried in a forum convenient to the parties and witnesses, where justice can be administered without prejudice or delay.” The location of the parties, attorneys, witnesses, and evidence matters.
In addition, the statutes provide two venue categories: preferred and permissible.
Preferred Venue Statute
Code Section 8.01-261, Category A or Preferred Venue, has limited applicability to personal injury lawsuits.
This section only applies if you bring an action under the Virginia Tort Claims Act. If you do, then the venue lies in one of the following locations:
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- The county or city where you live
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- The county or city where the negligent act or omission occurred
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- If you live outside the Commonwealth of Virginia and the defendant’s negligence occurred outside the Commonwealth, the City of Richmond is the proper venue.
Permissible Venue Statute
For all other personal injury lawsuits, Code Section 8.01-262, Category B or Permissible Venue, governs the place of trial.
The permissible venue statute is broad and allows flexibility in where to file suit.
Under this statute, you may sue the defendant in one of the following locations:
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- Where they live (residence)
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- Where they work (employment)
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- If the defendant is not an individual, where it has its principal place of business
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- Where the defendant has a registered office or agent to receive legal process
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- Where they regularly conduct substantial business activity
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- Where the incident giving rise to the cause of action occurred (for example, where the car crash happened)
If none of these options apply, you can sue the defendant wherever they have property or debts owed to them that you can attach or garnish if you obtain a judgment.
Factors to Consider When Choosing the Best Venue for Your Lawsuit
Here are key factors to analyze when deciding where to bring your civil action for injuries:
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- Your location: Prosecuting your case may require attending multiple pre-trial hearings and the trial. Choose a location convenient for you.
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- The likely jury pool: Some jurisdictions are known for being plaintiff-friendly, which is the insurance industry’s code for places with a history of higher jury verdicts than others. You want a plaintiff-friendly jury.
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- How quickly the docket moves: Some courts are known for pushing cases to trial quickly (i.e., the “Rocket Docket” in the Eastern District of Virginia), while others are known to grant multiple continuances and take years to get to trial. Generally you want a speedy trial date to catch the defendant off guard and get your day in court.
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- The court’s reputation: You want judges familiar with handling your type of case so that you can predict the rulings that affect what evidence the parties can introduce into the record.
Where is Venue Proper if I Sue Multiple Defendants?
Naming multiple defendants is common in tort claims alleging negligence.
For example, in a medical malpractice case, you may sue the hospital, a medical practice, and the doctors. Or, in a construction accident lawsuit involving a crane or forklift crash, you may sue the property owner, general contractor, subcontractor, machine operator, and product manufacturer.
The defendants may have principal places of business in separate locations.
If so, venue lies in any city or county where venue is proper for at least one of the defendants.
Can a Defendant Object to the Venue?
Yes.
You should expect the insurance defense lawyer to reject your choice of venue and search for a way to change it if you have filed suit in a plaintiff-friendly place.
A defendant may object to the chosen venue as improper under Code Section 8.01-264.
This statute says the defendant waives any challenge to the venue unless it files a motion objecting to the venue within 21 days after service of the plaintiff’s complaint starting the action (or longer if the court grants an extension of time for filing responsive pleadings).
The motion must do more than object to the forum. It must also state what venue the defendant believes is proper and why.
In addition, in actions involving multiple defendants, the remaining party defendant may object to the venue within ten days after the party defendant whose presence created the venue is dismissed. But such a challenge to venue will only succeed if the remaining party defendant shows the plaintiff added the dismissed defendant to the lawsuit to create venue or that the plaintiff did not properly join the dismissed defendant to the action.
What Happens if the Court Holds You Filed the Lawsuit in an Improper Venue?
You can breathe easier if you are worried the court will throw out your lawsuit because you filed it in an improper venue. That will not happen unless no proper forum exists in the Commonwealth of Virginia.
Otherwise, the court may do one of the following:
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- Transfer your lawsuit to a proper forum for trial
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- Retain the case for trial if the proper forum is less convenient than where you brought the action.
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- Find the defendant waived an objection to the improper venue if the defendant fails to make it within the deadline.
In addition, the court may award attorney’s fees and costs to the prevailing party for inconvenience, delay, and expense if it sustains (grants) a motion objecting to the venue.
Is Venue Determined When the Incident Occurs or When You File the Lawsuit?
When deciding whether to sustain or overrule an objection to venue, the court examines the facts as of the date you filed the civil action, not the date the incident giving rise to the claim occurred.
Can a Court Transfer the Lawsuit to a Different Venue Even if You File the Lawsuit in a Proper Forum?
Yes.
A judge may grant a motion to change the venue to a more convenient location for good cause.
Examples of good cause justifying a transfer of the place of the trial include the following:
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- The parties’ location
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- Where critical witnesses live
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- To help the jury view the accident scene
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- Local prejudice makes it unlikely the defendant will receive a fair trial.
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- A related lawsuit with the same witnesses is pending in a different court, and consolidating the cases would be more efficient.
In contrast, courts will not find inconvenience to attorneys a sufficient reason to transfer venue.
I recommend comparing the defendant’s suggested place for the trial to the forum you selected when responding to a motion to transfer venue.
The Law Allows Forum Shopping, So Choose the Best Venue to Maximize Your Recovery
As the accident victim bringing an action to be made whole, you will likely be able to select from several potential courts.
Use this ability to select the forum that gives you the best chance of victory and a damages award that fully compensates you.
Our attorneys can help you build your case and prosecute it in the best jurisdiction for you.
Contact us today to get answers to your venue questions and to see if we will accept representation in your case.
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