Jurisdiction in Oklahoma Personal Injury Lawsuits

You’ve been injured in an accident and you’re considering legal action. At some point during this process, you’ll hear the term “jurisdiction.” While you’re unlikely to come across this word outside the legal world, it’s important that you understand what it means, how it affects your personal injury claim, and how you should proceed.

When you’re injured in Oklahoma, jurisdiction can determine which county or specific court hears your case. This, in turn, can affect the timeline of your case, which judge oversees it, your potential jury pool, and other crucial factors. Get the guidance and support you need as you move forward to seek compensation—call Biby Law Firm now.

What is jurisdiction in a personal injury case?

The concept of jurisdiction refers to a court’s legal right and authority to hear a case and decide its outcome. There are two main types of jurisdiction that come into play. The first is subject matter jurisdiction—does the court have the authority to hear the type of case in question? For example, a bankruptcy court would have jurisdiction over bankruptcy cases, but not personal injury cases.

The second is personal jurisdiction. This means that the court must have authority over the people involved in the claim. Under Oklahoma law, venue for a personal injury lawsuit is generally proper in the county where the defendant resides, can be served, does business, or where the injury occurred. Personal jurisdiction refers to the court’s authority over the person and is typically satisfied when the defendant has sufficient contacts with Oklahoma.

While this may seem complicated, taking it to extremes can show why jurisdiction is important. If two Oklahoma drivers were involved in a car accident in Oklahoma, it wouldn’t make sense for a court in Maryland to oversee the case and decide its outcome. If someone has a personal injury claim and sues the other party, a bankruptcy court wouldn’t be able to step in and decide how the case goes. Jurisdiction ensures that your case is heard in the proper venue.

How jurisdiction is determined in Oklahoma

In Oklahoma, the majority of personal injury claims are handled by District Courts. Oklahoma’s 77 counties are grouped into 26 judicial districts in Oklahoma and each county has its own District Court. Generally, a personal injury lawyer will file a lawsuit in the District Court for the county where the defendant lives, the defendant does business, the defendant can be served, or the accident occurred.

Why jurisdiction matters

While jurisdiction may appear to be nothing more than a legal concept that decides where your case is handled, it can actually have a profound impact on how your case goes. Let’s discuss a few ways jurisdiction can affect the outcome of your case:

• Judicial experience: Some courts have more experience with certain types of personal injury claims or complex personal injury claims than others. There are also local differences in rules regarding discovery and motions. If you can file in multiple courts, your attorney may choose the one with the most favorable rules or the most experienced court.
• Jury pool: The demographics and attitudes of one county may vary dramatically from those in another, particularly as you move from more urban parts of Oklahoma to more rural parts of the state. It’s likely that your personal injury attorney will consider how jurors from different counties are likely to view your case and use that to decide where to file, assuming that multiple courts could potentially have jurisdiction.
• Case timeline: The timeline of your personal injury case may vary significantly, depending on where you file. Court dockets differ from county to county. In one county, you may find that your case moves fairly quickly, allowing you quicker resolution and closure. In another county, you may find that the court docket is extremely backed up and you could be waiting years for your trial date.
• Leverage in settlements: If there are significant differences in the counties that may have jurisdiction in your personal injury claim, your attorney may be able to leverage that during negotiations. If one county has a history of higher verdicts in similar cases, the insurance company may be more willing to settle simply to avoid that risk.

Potential jurisdictional scenarios

Consider these common scenarios as you think about how jurisdiction may affect your personal injury claim:

• Car accident across county lines: You’re driving home from your job in Tulsa County to your home in Rogers County. You’re hit by another driver while just inside the Tulsa County border by a driver who lives in Rogers County. Your attorney may be able to file in either Tulsa County, where the accident occurred, or Rogers County, where the defendant resides.
• Injury caused by out-of-state driver: You are hit by a driver from Texas while going about your business in Jefferson County. As the crash happened in Oklahoma, the Jefferson County District Court would likely still have jurisdiction over the lawsuit—even though the defendant does not live there, does not work there, and cannot be served there. This is due to Oklahoma’s “long-arm” statute, which allows its courts to exercise jurisdiction over a non-Oklahoma resident who has ties within the state. Simply put, by entering our state and utilizing our roadways, out-of-state visitors have subjected themselves to jurisdiction in Oklahoma courts.
• Slip-and-fall at a retail store: You slip and fall on a freshly mopped floor that was not marked by a “Wet Floor” sign at a local retail chain. The store itself was in Tulsa County, but the headquarters for the business are in Oklahoma County. Your attorney may be able to file a lawsuit in either county.

Start your claim by contacting Biby Law Firm today

Whether you’ve been injured in a car crash, a slip-and-fall, or another type of accident, our personal injury team is here to help you. Contact us online now or call us to discuss your case with our experienced personal injury lawyers.