4 Things That Can Cause a Judge to Dismiss Your Personal Injury Case
Are you want to personal injury case dismiss the case but judge to dismiss your injury case? Don’t worry. You will know 4 things about it.
Here in Arizona, personal injury cases are not that easy to win. Judges and juries are skeptical of plaintiffs. Defendants know this and take every step they possibly can to try to turn this fact to their advantage.
In fact, there are times when judges won’t allow personal injury cases to go forward at all. Here are four of them.
1) You’re outside of the statute of limitations
When you’ve been involved in an accident, have suffered from a slip and fall, have been injured by a defective product, or are involved in any other kind of personal injury case it’s important to move fast. You have just 2 years from the date of your accident to file a claim, and the longer you wait, the weaker your case gets.
We say it again and again: hire an attorney as soon as you’re medically capable of doing so. There’s no risk or financial loss for doing so since personal injury attorneys work on contingency.
You don’t even have to ask yourself if your case is strong enough since an attorney will make that evaluation before deciding to take you on in the first place.
2) The defendant doesn’t owe you a duty of care or isn’t responsible for the accident.
In order for a personal injury case to exist, two things must be true.
First, the defendant must owe you some kind of duty of care. For example, if you slip and fall on a property you don’t go after the tenant renting the property, because the tenant doesn’t owe you a duty of care. You go after the landlord because it’s the landlord’s responsibility to see to the upkeep and maintenance of that property.
Second, the defendant must actually be responsible for the accident you were in. Sometimes this isn’t the case.
For example, if you get into a car accident where road conditions are horrific and you and the defendant were both following traffic laws, then you might not have a case against that other driver. Instead, your own insurance company may need to step up to pay your claim.
Now, you will about 2 things on personal injury case dismiss the case. Keep reading to know about another 2 things that you should know.
3) Your own percentage of negligence is too high
Arizona is a comparative negligence state. This means the legal theory is that every person should bear their own losses for their own negligence or contribution to the accident.
This means each party in a personal injury case is typically assigned some percentage of negligence. In a car accident, for example, that both parties are at least a little at-fault, that both drivers could have done just a little more to prevent the accident.
So you might end up bearing 10% of the fault while the other driver bears 90% of the fault. You still have a case, but your settlement amount may be reduced by 10%.
If you’re at least 52% negligent, though, then you’re more at fault than the other driver is, and you no longer have a case. In fact, the other driver might well have cause to countersue.
4) The judge grants a motion for summary judgement
In a personal injury case, both the plaintiff and the defendant can ask the judge to just make a ruling on the case without a settlement conference or trial. This is done through a Motion for Summary Judgement, a document that claims the facts of the case are so perfectly clear that they should not come under dispute.
The Motion makes the claim that a trial is unnecessary and the judge should make a ruling.
Judges generally prefer to let juries hear the facts if there’s any choice in the matter. But there is a chance your case could be dismissed if the Judge agrees with the defendant.
I hope that you will now know that why the personal injury case dismisses the case above this content. Don’t worry, for your personal injury case dismiss case, you may make a consultation with us.
Find out if your case is strong enough to move forward.
You don’t have to do guesswork about your personal injury case. The team at the Law Office of Tony Merchant is here to help.
Just call us today (480) 581-8801 for a free consultation. We serve the entire state of Arizona and we’re here to help.