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Why Your Personal Injury Lawsuit Might Be Dismissed

The fastest and cheapest way to handle a personal injury case is to settle it out of court. However, there are some cases where you might need to file a personal injury lawsuit. Before your case goes to trial, you will need to make sure that the judge does not dismiss it outright. 

The Process of Having Your Claim Dismissed

When you file a personal injury claim, you will need to follow the right procedure. For example, you will need to make sure that you state a claim. You must also make sure that the defendant is properly served. Otherwise, you might leave yourself open for your claim to be dismissed.

The defendant might choose to hire a lawyer and the lawyer might file a motion to have the personal injury claim dismissed. You are then able to file a response to the claims made by the defendant's lawyer. if you fail to properly respond to the issues brought up in the motion to dismiss, your personal injury claim might be dismissed without a trial. 

Why Your Claim Might Be Dismissed

It's also possible for some aspects of your case to be considered irrelevant while others are not tossed out and will remain a part of your case when you go to trial. Your case might be dismissed because there is no legal basis to your claim or it might be dismissed because there are facts that cannot be known that are a necessary part of your case. 

For example, if you were to file a personal injury claim because you expect the defendant to take an action in the future that would injure you, your claim would be thrown out because the action has not been taken yet.

With or Without Prejudice

If your claim is dismissed without prejudice, this means that you may be able to file the claim in the future. For example, if you made errors when filing your claim, you may be able to file the claim again and correct the errors. Or, the claim might be dismissed with prejudice and you will not be allowed to file a personal injury claim again.

Because having your case dismissed can be expensive and jeopardize your chances of recovering damages, it is better to hire a personal injury lawyer to handle your lawsuit. A lawyer will help you avoid making mistakes that could lead to your claim being dismissed.