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What is Subject Matter Jurisdiction and How Does it Relate to my Personal Injury Case?

February 23, 2021


 

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The National Childhood Vaccine Injury Act was passed in 1986, creating a vaccine court in the United States. The vaccine court cannot hear a bankruptcy case or a murder case. It does not have subject matter jurisdiction to hear any case other than those related to vaccine injuries.

Subject matter jurisdiction is the authority of a court to hear a particular type of claim. It is important because it limits the power of a court.

Subject Matter Jurisdiction in Federal Courts

Federal courts are courts or limited and exclusive jurisdiction. They have authority over a small percentage of cases, like copyright casesdc personal injury lawyer subject matter jurisdiction, lawsuits involving the military, and bankruptcies. If a case is brought against the United States, a federal court will hear the case. The vaccine court mentioned above is a federal court. Federal courts cannot overturn a decision made by a state court. In fact, the only way a federal court can review a decision from a state court is if there is a federal issue involved. Cases regarding state law are heard in federal courts if the issue at hand is that the state law violated the Constitution.

Subject Matter Jurisdiction in State Courts

State courts have the authority to hear nearly any claim that arises under federal or state law, except those that fall under exclusive jurisdiction of the federal courts. State courts are usually separated into divisions – criminal, civil, family, and probate, but the state’s superior court has general jurisdiction. This means it can hear any case over which no other state court has exclusive jurisdiction.

Under the eyes of the law, motions to dismiss for lack of subject matter jurisdiction are seen as a strong defense. Attorneys often file the motion, but courts reserve the right to dismiss a case for lack of subject matter jurisdiction as well.

Where to file your personal injury claim depends on the type of accident you were involved in, where the accident occurred, and where the other party lives. For example, if you were in a car accident that occurred in Washington D.C., and you live in Washington D.C., but the other party lives in Maryland, you would likely file your case in Washington D.C.

It is important that you file in the right location to avoid unnecessary expenses, and the possibility that your case will be dismissed due to “improper venue.”

If you were injured in a car accident or were the victim of negligence or wrongful conduct, the attorneys at Cohen & Cohen can help you ensure you follow the rules of jurisdiction and get the compensation you deserve. Call us today for a free case evaluation.

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M Strolle
19 days ago
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Kim Brooks-Rodney settled my mother's case expeditiously, with great patience and sensitivity and won us a magnificent settlement. I can't imagine that a better personal injury lawyer exists. I highly recommend her and her firm, Cohen & Cohen. They are undoubtedly the best of the best.
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Tanea washington
26 days ago
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This law firm was great and Nicole did a wonderful job on my case. Keeping me updated along the way with any changes or information really kept me at ease. I would recommend them over and over again!
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Gabriel anteneh
39 days ago
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Glorious glorious , Nicole and her firm are the best . Treated me with kindness.
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David junior COLY
46 days ago
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Nicole was great in assisting with my case. Thank you so much
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Kenneth Distance
59 days ago
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Ms. Skibicki handled my uninsured motorist claim exceptionally well. She understood the importance of balancing justice and compensation from those involved in the dispute. She fought for a fair settlement and genuinely listened to my concerns and complaints about the process, showing empathy throughout. She thoughtfully explained the pros and cons of pursuing further litigation if I was not satisfied with the offer, and she gave me ample time to make a decision that felt right for my situation. I never felt pressured to accept an offer that didn’t meet my needs. If I need legal assistance again, I would choose Cohen and Cohen and specifically request Ms. Skibicki as my attorney.
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Siayre Nichols
62 days ago
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I had Ms. Nicole handle my case and she was amazing! One of my biggest worries was having a lawyer who wouldn’t take my case seriously, but Ms. Nicole was went to bat for me and did an excellent job. I really appreciate you, Ms. Nicole!
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maraki solomon
75 days ago
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I had an excellent experience with Cohen & Cohen from start to finish. My lawyer was professional, responsive, and genuinely cared about my case. They explained everything clearly, kept me informed throughout the process, and made what could have been a stressful experience much easier to navigate. I truly appreciate all of their hard work, dedication, and support. I highly recommend Cohen & Cohen to anyone in need of a personal injury lawyer
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Christopher Ruiz
82 days ago
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Fantastic firm. The attorneys resolved my case with clear communication and genuine determination to see that I would be left in the best position possible. Special kudos to Nicole Skibicki for pushing through the finish line.
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Meredith Stasa
83 days ago
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I retained Cohen & Cohen after I was struck by a car and fractured my spine. Adam was kind, knowledgeable and truly an advocate throughout the entire settlement process. He was incredibly responsive to my calls, emails and texts, and always took the time to explain how parts of the admittedly complex process worked with insurance, etc. Adam was able to secure a settlement of the offender's maximum policy limit, and the process was completed within a year. 10/10 recommend!
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Nini Da Silva
88 days ago
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I rarely write reviews, but this experience was truly worth sharing. Cohen & Cohen exceeded my expectations throughout my case. Nicole Skibicki, Esq. was an outstanding attorney who demonstrated professionalism, compassion, and genuine care from start to finish. She took the time to listen whenever I needed to vent about my situation, and her empathy made a difficult process much more manageable. Nicole was a strong advocate on my behalf and worked diligently to ensure that I received a fair settlement from the insurance company. I always felt informed, supported, and confident that my case was in capable hands. I highly recommend Cohen & Cohen to anyone seeking a personal injury or accident attorney. If you want experienced legal representation, exceptional client service, and a team that truly cares about achieving the best possible outcome for you, this is the firm to choose. Thank you, Nicole and the entire Cohen & Cohen team, for your dedication and outstanding work!

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