Procedural issues may arise during a wrongful death case such as determining venue and/or choice of law. Venue for wrongful death cases is controlled by Florida’s general venue statute 47.011. Therefore, the cause of action must be brought in the county where the defendant resides or action accrued, which is where the decedent died. However, where there are multiple defendants residing in different counties, venue lies in any county where any defendant resides. In the case of a nonresident defendant, they may be sued anywhere if the court has personal jurisdiction over that defendant. Additionally, a party can request a change of venue pursuant to Florida Statute 47.122, which requires the court to take into consideration the convenience of the parties, witnesses, and the venue that would best further the interests of justice. Therefore, the trial court has discretion to grant or deny motions to transfer venue or dismiss for improper venue based on the convenience of the parties. Although a plaintiff can select a venue using one of the statutory alternatives under Florida Statute 47.011, a Florida wrongful death attorney should allege sufficient facts in the complaint to establish the venue selection as the most appropriate.

When the decedent’s death occurred in another state or jurisdiction, or when the parties are from different jurisdictions,a court must determine which jurisdiction’s substantive law will govern the cause of action. Florida courts use the significant relationships test and consider several factors to determining choice of law: the place where the injury occurred; the place where the wrongdoing that caused the injury incurred; the domicile, residence, nationality, place of incorporation, and place of business of the parties; and the place where the relationship, if any, between the parties was based. Typically, the court will look to the jurisdiction where the injury occurred to determine which state’s law will be applied, but other factors may outweigh the place of injury for the purpose of choice of law.

When these procedural issues or other issues arise in your wrongful death case it is crucial you have a skilled West Palm Beach wrongful death attorney call 1-800-74-TRIAL.