August 3, 2022

When Will the Court Dismiss a Civil Suit?

In civil dispute situations, people have the right to file a lawsuit against another party but doing so does not mean that the court will agree to hear it. Personal injury disputes are some of the most common civil litigation situations because of the myriad of ways that people can be harmed by the negligence of others. Car accidents are a perfect example of a personal injury case where in the aftermath of such an event, a victim may decide to file a personal injury claim to cover all of the financial losses they suffered. Each personal injury case is different, but common damages include missed wages, cost of medical treatment, pain and suffering, and property damages. However, simply filing a suit does not mean it will move forward because the court can throw it out.

The Mississippi personal injury claims process can be complex which is why working with a seasoned and experienced attorney can be so advantageous. In Mississippi, Bob Germany is a Jackson personal injury attorney that knows the system and how to best position victims so they can be successful with their claims and get the full amount of compensation they are owed.

Reasons for Dismissal of a Legal Suit

, When Will the Court Dismiss a Civil Suit?, Germany Law Firm PLLCIf you bring a legal suit against another party, you would be considered the plaintiff while the other party would be considered the defendant. When you go to court, the defendant's legal counsel may bring a motion to dismiss your case. Should they be effective with their argument for dismissal a court may be convinced and you will not be able to move forward with your complaint. 

In this situation, a court may either dismiss with prejudice or without prejudice. When a case is dismissed without prejudice a plaintiff may still choose to try and refile their claim again. But, when it is dismissed with prejudice there will be no opportunity to file the claim ever.

There are three very specific instances as to why a case may be dismissed and these include:

  1. If you do not show up to your court hearing then you can be sure that the defendant’s legal counsel will ask for a dismissal and it is likely that they will have their request granted. Then, it is just a matter of if the court dismisses with or without prejudice.
  2. If your case does not have the appropriate facts backed by the law, then your case may have no grounds and be dismissed.
  3. Each state has a statute of limitations or a window of time where a claim must be made. Failure to file your claim within that statute of limitations will most often mean that it will be dismissed and you will be unable to obtain compensation for your damages. The statute of limitations for a Mississippi personal injury claim is 3 years from the date the injury accident happened.

Speak to a Jackson Personal Injury Attorney Today

The objective of a personal injury claim is to recoup the costs of your damages so it is critical that your claim be either settled for full and fair compensation or that it is heard by the court. If you were harmed by a negligent party, please call the Jackson personal injury attorney at Germany Law Firm, PLLC today to schedule a free consultation at (601) 487-0555.

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