What is a Dismissal?
Personal injury claims, such as those involving car accidents and falls at home, are almost always settled on the basis of the evidence presented in the case. That could mean going to court and getting a decision from a jury, or it could mean negotiating a financial recovery based on the strength of your claim before the court date ever arrives. In some instances, the opposing party will ask the judge to throw out the case. Your case will be dismissed if it is rejected before it is even given a hearing.
This may come across as intimidating. However, dismissals are an essential component of the way our legal system works. Because judges have the authority to throw out cases, they have the ability to prevent people from bringing baseless legal claims. Even if the person you are suing asks for your case to be thrown out, there is a good chance that it will not happen if you have a valid injury claim and it was caused by the negligence of another party.
When Do Judges Throw Out Cases Involving Personal Injuries?
In most cases, the only reason a judge will throw out a case is that the plaintiff “failed to state a claim.” This occurs when your lawsuit does not spell out a clear chain of causation between the defendant’s actions and your injury. Your injury could have been caused by the defendant’s actions.
For instance, let’s say you slipped and fell while you were shopping at your neighborhood grocery store. You cannot simply file a claim against the store owner simply because the injury occurred on the store’s premises; rather, you will need to demonstrate that the store owner was negligent in some way, such as by failing to clean up a spill, which led to your injury.
It is unlikely that there will be a problem with failing to state a claim if you had an attorney who filed your claim on your behalf.
In some circumstances, you might have submitted the claim properly, but the defendant might still believe that you lack evidence. They have the right to contest your claim and ask the judge to throw it out by filing what is known as a motion to dismiss the case.
Even if My Case Has Merit, is It Possible That the Other Party Could Ask the Judge to Throw It Out?
Yes, and they will frequently engage in such behavior as a strategy to avoid having to pay what they owe. If the judge agrees, then the case is over, and if the judge refuses, then they can still defend themselves in court.
For the defendant, there is relatively little to lose by asking the judge to dismiss the case because if the judge agrees, then the case is over. Therefore, some litigious attorneys and large corporations will try to get out of every case they are involved in by asking for it to be dismissed. This tactic is commonly referred to as a “preemptive” strategy.
Because of strategies like these, it is critical to have a capable attorney of your own representing you. A personal injury attorney will be ready in the event that the defendant files a motion to dismiss, and they will have arguments ready to present to the judge to persuade them not to throw out your case. If you have a valid claim, then the request to dismiss it is nothing more than an empty threat: it is an attempt to scare you away from pursuing your claim.
Contact a Personal Injury Lawyer if You Were Injured in an Accident
If you were involved in an accident that wasn’t your fault, the experienced attorneys at our firm can help you.
If you are concerned that your case may be dismissed, make sure you contact The Brown Firm as quickly as possible. We will do our best to make sure your case is not dismissed and that you receive maximum compensation for your losses.
Contact The Brown Firm to schedule a free consultation today.
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