Personal Jurisdiction DC Auto Accident Lawyer

Free Case Evaluation

Personal Jurisdiction DC Car Accident Lawyer

For a court to make a legally valid decision, it must have two types of jurisdiction: personal jurisdiction, and subject matter jurisdiction.  

Subject matter jurisdiction is the authority a court has to hear a certain type of case. This varies among federal and state courts. State courts have jurisdiction over most issues; federal courts have limited jurisdiction.

dc lawyer personal jurisdictionPersonal jurisdiction is a court’s jurisdiction over each party in a case. It allows the court to order a party to appear. This can come from the party doing business and/or residing in the state, or having sufficient minimum contacts in the state. For a defendant to have sufficient minimum contacts, he needs some combination of (1) systematic and continuous activity within the forum jurisdiction and (2) a cause of action arising from that activity. International Shoe Co. v. Washington, 326 U.S. 310 (1945). 

This is known as the long-arm statute; it is what allows for a court to have personal jurisdiction over an out-of-state defendant. Twenty-two years later, the rule was slightly amended. Even if minimum contact exists, the court still must consider certain consequences, like the burden on the defendant and overall efficiency and reasonableness. Asahi Metal Industry Co v. Superior Court, 480 U.S. 102 (1987).

Personal jurisdiction, unlike subject matter jurisdiction, can be waived.

Let’s look at a case from 2009 to illustrate its importance. 

Theodore Harris sued Dr. Jerry Omelon, a Virginia-licensed doctor, in Washington D.C. Mr. Harris called Dr. Omelon to ask for a prescription of Abilify to help treat his bipolar disorder. Dr. Omelon prescribed the drug, calling in the order to a CVS Pharmacy in Washington D.C. Mr. Harris took the prescription, and experienced severe medical complications that led to three surgeries and many hospitalizations. He sued Dr. Omelon, alleging that Dr. Omelon did properly prescribe Abilify nor did he adequately warn Mr. Harris of risks. Dr. Omelon had never practiced medicine in DC. He did not treat Mr. Harris in the District. The case was dismissed for lack of personal jurisdiction. Harris filed a motion to reconsider, writing that “telephone wires to call in a prescription” constitute personal jurisdiction. The court did not agree and issued a final order dismissing the case. Harris v. Omelon, 985 A.2d 1103 (D.C. 2009).

If you’ve been in an accident, and were the victim of negligence or wrongful conduct, the attorneys at Cohen & Cohen can help get you the compensation you deserve, and ensure we file your suit in the correct jurisdiction. Contact us today at 202-955-4529 for a free case evaluation.

 

workers compensation attorneys in dc

Injury Attorneys DC, MD, VA – Get the Compensation You Deserve! Whether you have been injured in a car accident, a malpractice victim, injured on the job, as the result of shoddy craftsmanship, or in a slip and fall, we can help! Our experienced, competent attorneys excel in all areas of personal injury law.

Practice Areas 

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

Recent Posts

Client Review

"The legal team at Cohen & Cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job."
Jose Rivera
Client Review

"I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side."
Lea Harvey
Client Review

Read more:

Hear from our clients

If you have been injured, contact Cohen & Cohen for a free case evaluation today. Our staff is available 24/7 to assist you.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
Beloved Temple
June 3, 2022.
I was very pleased with the handling of my case and settlement with Cohen& Cohen. I appreciate them, would highly recommend them.
willie howell
May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
Jose Rivera
May 25, 2022.
The legal team at cohen & cohen did a great job I really appreciate the hard work on gating my compensation in a fair amount of time. Special thanks to Kris for a wonderful job
Lea Harvey
May 25, 2022.
I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
Cameron Galloway (HustleDaGod)
May 19, 2022.
Kris was phenomenal. Spectacular communication & knowledge in regards to my case. Would definitely return if I needed more legal services. 100% definitely recommend.