Let's face it, most members of the plaintiff's personal injury bar are much, much, more comfortable in State Court than in Federal Court. I suspect that the main reason is that most personal injury cases are filed in State Court and thus there is a greater familiarity with the rules, evidence, Judges and the general operation of theState Court system. Not to mention "the intimidation factor in appearing before Judges and Magistrates " in Federal Court.
But it doesn't have to be that way. When your case is removed to Federal Court on a diversity issue, you better bone up on your Federal Court procedure or you'll be in deep shi.. You obviously have no choice when filing a Tort Claims Act case.
Additionally, in my opinion certain cases are best filed and prosecuted in Federal Court; Police brutality, class actions, mass torts, deliberate indifference cases and civil rights cases.
So don't be terrified of the words"Federal Court"...do something about it. Take a seminar, CLE, tapes, something, anything... You can do it! Oh, and remember to check out Rule 11.
Good luck!
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