Do I need a lawyer in the same state
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Do I need a lawyer in the same state
Considering malpractice suit against a doctor I
saw while living in another state. Do I need a
lawyer from that state or can I find one where
currently living?
Asked on April 4, 2016 under Malpractice Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Since you are the plaintiff, you can file the lawsuit in the state where you reside, or in the state where the defendant (doctor) resides or in the state where the claim arose.
If you file in the state where the doctor resides, it would be advisable to retain an attorney in that state because if you retained an attorney in your current state, it would be expensive for your attorney to travel to the other state for court appearances, if necessary. Also, the attorney in the other state would probably be more familiar with local court rules regarding filing requirements, deadlines, etc. There would also be issues regarding the attorney not being licensed in the other state; however, that can be resolved to allow the attorney to represent you there.
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