Claim increase pushed lawsuit into federal jurisdiction

A common misconception that many in Providence may have regarding ground level falls is that for people in good overall health, such an accident cannot cause serious injury. Yet certain factors, such as the conditions present at the time of the fall, could serve to compound the possibility for sustaining substantial injuries, no matter the age or condition of the victim.

In those cases where serious injuries are alleged to have occurred, the compensation being sought by slip-and-fall accident victims could influence the type of lawsuit in pursuit of such a reward. For instances where a plaintiff is seeking more than $75,000 in damages, the amount being sought meets the requirements for federal jurisdiction.

A recent case involving a Pennsylvania woman illustrates this point. In the summer of 2013, the woman claims to have sustained serious injuries to her neck, back, hands, and knees from a fall suffered at a Philadelphia convenience store. In her subsequent lawsuit, she alleged that inadequate lighting combined with a poorly maintained store floor contributed to her fall.

Initially, she sought $50,000 in a lawsuit filed through the Philadelphia Court of Common Pleas. However, she later claims to have discovered that her injuries from fall required that she now have rotator cuff surgery. Given this new information, she has now raised her compensation request to $75,000, requiring that she now move her case to federal court.

The consequences for filing a premises liability claim in the wrong court could include having one’s case thrown out altogether. Thus, those considering this action may wish to first seek the advice of an attorney to ensure that they’re filing their lawsuits at the appropriate levels.

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