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

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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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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.
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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.