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Should I hire an attorney in Delaware, North Carolina, or New Jersey?

Asked by user in Delaware.

A commercial heating unit fell off a truck and totaled my car. I live in Delaware, the truck driver lives in New Jersey, and the business owner is in North Carolina. Which state should I find an attorney to sue?

Answered by Enjuris Editors:

Thank you for your question.

You can file a personal injury lawsuit:

  • In the state where the accident occured, or
  • In the state(s) where the defendant resides.

You didn’t mention where the accident occurred. But if the accident occurred in Delaware, you should hire a lawyer and file suit in Delaware.

Alternatively, you can file a lawsuit where the defendant resides. In this case, the defendant is the company the truck driver was working for when the heating unit totaled your car. A company is considered to reside in the following states: (1) the state where the company is incorporated, and (2) the state where the company primarily performs its business (i.e., the principal place of business). In some cases, you may be able to file a lawsuit in the states where the company does a “substantial amount” of business.

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