What is a Motion to Dismiss and How Does it Affect My Personal Injury Case?

After you file your claim against the defendant, or the party allegedly responsible for your injuries, the defendant has the opportunity to accept the claim and offer a settlement, deny the claim and go to trial, or file a motion for the court to dismiss the case.

What Is a Motion to Dismiss?
A motion to dismiss is a formal request asking the court to throw out a case. If the judge agrees with the defendant that the plaintiff’s claim is not viable then he or she can sign an order ending the lawsuit. An experienced attorney will examine the facts of your case and ensure that your claim is viable before filing suit in the first place.

What are Some Reasons My Lawsuit May Be Dismissed?

There are several reasons that a court will dismiss a personal injury lawsuit. Common reasons include:

The court lacks jurisdiction to hear the case. There are two types of jurisdiction, subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction refers to the types of cases a court can consider. For example, cases involving federal law must typically be tried in federal court. Personal jurisdiction refers to the parties involved in the case. Courts typically can’t try cases where the parties have no connection to the area.

The plaintiff sued the wrong party. It’s not always easy to tell in personal injury cases who the responsible party is. For example, should you sue the restaurant employee who spilled the water that you slipped and fell on, the restaurant owner, or both? An experienced personal injury attorney can help you answer this important question.

Improper Venue. Venue refers to the county or district in which the lawsuit is tried. Sometimes, even if a court has jurisdiction over both the parties and the subject matter, it is not the right place to try the lawsuit. Maybe the court is too inconvenient for the parties or key witnesses, or maybe there has been so much pre-trial publicity that trying the case there would be prejudicial to one or both parties.

Motion for Summary Judgment

A motion to dismiss is not the only way to end a lawsuit. A party may also file a motion for summary judgment, which basically says that the facts are undisputed, and the judge should decide the case in that party’s favor. Note that either the defendant or plaintiff can file a summary judgment motion.

You still have options if your personal injury case is dismissed or if you lose on a motion for summary judgment. What those options are depend on the facts of your case. Make sure you consult with an experienced personal injury attorney. Let the personal injury attorneys at Suarez & Montero review the circumstances of your case and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.

Contact us today at 786 Lawyers for a free consultation!