After a serious injury due to an accident, you might believe you have a case. Therefore, you start the proceedings and request compensation through a lawsuit. However, before your case even gets started, the defense has asked for a motion to dismiss.
In this instance, you might wonder why a motion to dismiss arises — especially when the defense has not responded to your allegations against them. After all, how can the court dismiss your case without hearing the facts of that case?
Technically, a dismissal is possible very early in the lawsuit process. It is known as a preemptive defense strategy for the opposing side. In this instance, the defense tries to get the case dismissed before the discovery phase of the lawsuit. By doing so, they can add reasoning and legal arguments as to why the case has no merit. Sometimes, they have experts ready to validate their claims.
Could the Judge Dismiss My Case?
A motion to dismiss is not a guarantee for the party that a judge agrees and dismisses your case. So, do not assume that a motion to dismiss is the end.
However, if the judge agrees with the defense’s arguments, then your case might be rejected. If a dismissal occurs, it will affect your ability to collect compensation.
Sometimes, the judge might feel that the argument to dismiss is too early. Therefore, they might decide that the dispute must be resolved by the jury and through evidence — not by the judge. In this case, the judge will determine that it is a matter for the court to decide. Hence, the judge will allow the case to continue to the trial phase and deny the defense’s motion to dismiss.
A Motion to Dismiss Could Happen
Be prepared for a motion to dismiss, even if it never happens. After all, before serving an answer to your lawsuit, the defense may strike at your case with a dismissal. However, if you have evidence and a qualified attorney, your attorney will argue on your case’s merit and show the judge that an argument to dismiss is premature and unnecessary.
Call a Georgia Personal Injury Attorney Today
After a serious injury because of someone’s negligence, you have the right to collect compensation for those injuries. Speak with a personal injury attorney today by calling Clarke Nash. Clarke fights for his client’s right to fair compensation and does not allow law firms to bully injured victims with early dismissals.
To explore your options for compensation, contact a personal injury lawyer that is ready and able to fight for your compensation and take your case to trial if necessary. Schedule a free consultation at 912-200-5292 or schedule with us online.