If you are not careful with your personal injury case, the court might dismiss the case before it even begins proper. Below are some of the reasons a court might dismiss your injury case.
The law gives every accused person the right to face and question their accuser. Therefore, if you accuse someone of causing you injury in an accident, the defendant has the right to challenge your accusations in court. This can only happen if you show up in court on the date appointed by the court. Therefore, your case cannot proceed if you don't show up in court and the judge will have no alternative but to dismiss your case.
No Legal Basis
For you to file a personal injury case, you must have a legal basis on which to anchor your claim. For example, you can demand compensation from a person by claiming that the person was negligent, the person caused you intentional injuries, or the person is strictly liable for your damages. The court will dismiss your case if it finds that you have no legal claim against the defendant.
There are deadlines that you have to adhere to when pursuing a personal injury case. The classic example is that of the statute of limitations, which gives you the period within which you must file your case after an accident. The statute of limitations varies by injury and jurisdiction. For example, Colorado gives you three years to file your auto accident case. In Colorado, therefore, the court will dismiss your claim if you file it more than three years after the accident.
Lack of Jurisdiction
A court can only hear a case if it has jurisdiction over the defendant. Having jurisdiction over a case means the court has the legal authority to handle the case. The nature of the accident, the nature of the defendant, and the location of the accident site are some of the factors that determine the jurisdiction of the case. Therefore, the court will also dismiss your claim if it turns out you filed the case in the wrong jurisdiction.
Lastly, the court will also dismiss your claim if it turns out that you have sued the wrong party. A fitting example is if you are injured in a multicar accident, but instead of suing the right driver, you sue someone who is as much of a victim as you.
No one wants to have their injury case dismissed. Consult a personal injury lawyer to ensure that it doesn't happen to your case.
For more information about personal injury law, contact a law firm like Maruca Law.Share