What Is Venue Shopping?

Venue shopping — often called “forum shopping” — refers to the practice of choosing a court or geographic location that a party believes will be more favorable to their case. In personal injury law, plaintiffs sometimes have more than one possible venue where they can file a lawsuit. Selecting the right venue can influence jury composition, procedural rules, timelines and even potential compensation.

While venue shopping is not inherently illegal, courts closely regulate where a lawsuit may be filed. Plaintiffs cannot simply choose any court they prefer. Below, we’ll explain what venue shopping means, how venue is determined, when it’s allowed and how it can affect a personal injury case.

What Does Venue Mean in a Lawsuit?

Venue refers to the specific court or geographic location where a lawsuit is filed and heard. It is different from jurisdiction.

• Jurisdiction determines whether a court has the authority to hear a case.

• Venue determines the most appropriate location within that system.

In personal injury cases, venue is often proper in:

• The county where the accident occurred

• The county where the defendant resides

• The county where a business operates

• The location where a contract was formed (in some cases)

For example:

• A car accident occurs in County A.

• The defendant lives in County B.

The plaintiff may have the option to file in either county, depending on state law.

Choosing between these options is where venue shopping may arise.

How Does Venue Shopping Work?

Venue shopping occurs when a plaintiff selects one legally permissible venue over another because it may offer strategic advantages.

Potential reasons for choosing a particular venue include:

• Jury demographics

• Historical jury verdict trends

• Court backlog and speed of resolution

• Procedural rules

• Judicial reputation

• Local attitudes toward certain claims

For example:

• Some counties may be perceived as more plaintiff-friendly.

• Others may have faster court schedules.

If multiple venues are legally appropriate, plaintiffs and their attorneys may evaluate which one best supports their case.

However, venue selection must comply with state and federal laws.

Defendants can challenge improper venue through legal motions.

Is Venue Shopping Legal?

Venue shopping is not illegal when the chosen venue is legally permissible under procedural rules. Plaintiffs are generally allowed to file in any venue that meets statutory requirements.

However, courts guard against improper venue selection.

A defendant may file a motion to:

• Transfer venue

• Dismiss the case for improper venue

• Argue forum non conveniens (claiming another venue is more appropriate)

Courts may transfer a case if:

• The selected venue has little connection to the dispute.

• Witnesses would be significantly inconvenienced.

• The interests of justice favor another location.

Judges have discretion in deciding whether a case should remain in the chosen venue.

Strategic selection is allowed — but it must stay within legal boundaries.

How Can Venue Affect a Personal Injury Case?

Venue can significantly impact the outcome of a personal injury lawsuit.

Factors influenced by venue may include:

• Jury pool composition

• Local economic conditions

• Attitudes toward businesses or insurers

• Trial scheduling speed

• Average verdict amounts

For example:

• Urban areas may have different jury perspectives than rural areas.

• Some jurisdictions may historically award higher damages.

Additionally:

• Court congestion can delay trials.

• Local procedural rules may vary slightly.

These factors can influence settlement negotiations as well.

Insurance companies often consider venue when evaluating the risk of trial.

Because of this, venue strategy is an important part of litigation planning.

What Is the Difference Between Venue Shopping and Forum Shopping?

Venue shopping and forum shopping are closely related terms, though they are sometimes used differently.

• Venue shopping usually refers to choosing between courts within the same state system.

• Forum shopping can refer to choosing between entirely different court systems — such as state versus federal court.

For example:

• Filing in federal court instead of state court may change procedural rules.

• Filing in a different state may impact applicable laws.

Both strategies involve evaluating where a case will be heard.

However, both must comply with strict jurisdiction and venue rules.

Improper forum selection can result in dismissal or transfer.

Conclusion

Venue shopping refers to the strategic selection of a legally permissible court location that may offer advantages in a lawsuit. In personal injury cases, choosing the right venue can influence jury demographics, court timelines and potential outcomes.

While plaintiffs may choose among appropriate venues, courts ensure that filings comply with legal requirements. Defendants can challenge improper venue selection if necessary.

If you are considering filing a personal injury lawsuit, consulting with an experienced attorney can help determine the most appropriate and strategic venue for your case.