Q: For what reason could a person not have a wrongful death tried in a federal court?
A: Most wrongful death cases are litigated in state courts. Only under certain less common factual scenarios will a wrongful death case be heard in federal court. A person with a wrongful death action needs to speak with an attorney not only regarding the wrongful death action, but to make sure they have followed the proper procedures to act on behalf of the deceased in bringing the wrongful death action.
A: the most typical reason for federal court jurisdiction is when the plaintiff is from a different state than all of the defendants. sometimes federal jurisdiction can exist if the allegation is a civil rights violation or violation of a federal statute. wrongful death case often are tried in federal court and i as well as other members of my firm have done so. depending on the location involved, a plaintiff might prefer to have the case in state court vs federal court. often it is the defendant who seeks to remove the case from state to fed..
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