While cruise lines provide one of the safest forms of transportation for travel and leisure, the Costa Concordia disaster has provided a wake-up call regarding the potential danger of a cruise ship accident.  The thirty-nine passengers that survived the tragedy when the cruise ship capsized have filed a lawsuit in a Florida court demanding $528 million dollars in damages.  The cruise ship accident victims are seeking $78 million in compensatory damages and $450 million in punitive damages.

The lawsuit was filed in Miami against Carnival Cruise Lines, Inc. and Costa Cruise Lines.  The lawsuit raises questions regarding the legal concept of venue because some legal experts suggest that the lawsuit should have been filed in Italy, which is the home of Costa Cruise Lines.  The ticket purchased by the cruise line accident victims also designated that legal claims had to be pursued in Italy.  One of the attorneys for the cruise ship accident victims argue that Carnival Cruise Lines, Inc. and Costa Cruise Lines are essentially the same entity in Florida and have offices in Florida.

Many personal injury victims do not understand the concept of venue, or why it is important in personal injury accident litigation.  Venue is the legal term for where it is geographically appropriate to file a lawsuit.  This can be a very important legal concept because a close proximity between the courthouse and where one lives or conducts business can make it much less costly to litigate a personal injury claim.  The issue can also be important because certain judges and juries may be more favorable to personal injury victims.  One might be inclined to file a car accident case with serious injuries in a blue collar community with a reputation for more generous personal injury verdicts than a high income area with a reputation for protecting big business.

Mississippi venue in civil personal injury litigation is governed by Miss. Code Ann. § 11-11-3.  Generally, a personal injury lawsuit must be filed in the county where the defendant resides.  If the defendant is a corporation, the personal injury lawsuit should be filed in the county that constitutes the company’s principle place of business.  However, there may be other options for where to file a Mississippi personal injury lawsuit.  The personal injury case may be filed where a substantial alleged act or omissions occurred or where a substantial event that caused the injury occurred. If you are in a collision with another motorist, for example, you could choose to file your lawsuit in the county where the accident occurred even if the other driver does not live in that county.  The experienced Mississippi personal injury attorneys at Barrett Law have been providing effective representation to Mississippi personal injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *