When Does a Personal Injury Lawsuit Get Dismissed in New York?
When filing a personal injury lawsuit, you need to be aware of the worst-case scenario. In most situations, that scenario involves your case being dismissed by the court. While it is technically possible to appeal this decision, you should always avoid this eventuality whenever possible. So, why might a personal injury lawsuit be dismissed in a New York court? What kinds of mistakes and issues could lead to this happening?
While it is important to learn about how and why a case might get dismissed in New York, it is much better to simply avoid this entirely. You can do this by hiring a qualified, experienced personal injury attorney in New York. These legal professionals have seen plenty of personal injury cases over the years, and they know how to avoid common mistakes. When you trust an experienced personal injury lawyer, a case dismissal becomes much more unlikely.
Cases Can be Dismissed if You are Late (or Do Not Show Up)
Being on time is important when dealing with any type of lawsuit. If you are not present, the court can decide to simply dismiss the case without seeing any evidence. This is one of the easiest ways to have your case dismissed.
You Do Not Adhere to the Statute of Limitations
The defendant can have the case dismissed relatively easily if you do not adhere to the statute of limitations in New York. While this statute varies based on the type of personal injury lawsuit you are pursuing, it is generally three years from the date of the injury. That means that if you wait more than three years and then file a lawsuit, your case could be quickly dismissed.
You Fail to State a Claim
When you file a personal injury lawsuit, you must be able to prove the core elements of negligence. One of the key elements of negligence is causation, which means that your injury was caused directly by the defendant’s negligence. If you cannot clearly prove that the defendant’s actions (or inactions) led directly to your injury, your case will likely be dismissed. This is also known as a directed verdict.
The Court Does Not Have the Proper Jurisdiction
In some cases, personal injury cases are pursued in areas where the court has no real jurisdiction. For example, only federal courts can hear personal injury lawsuits that involve federal law. The court may also dismiss the case if the parties have no real connection to the geographical area of that court.
You Sued the Wrong Party
Determining who is really to blame can be difficult in a personal injury lawsuit. In some cases, plaintiffs sue the wrong party. A common mistake is to sue an employee of an organization when it would make more sense to sue the actual business (or vice versa). This mistake can lead to your case being dismissed.
Enlist the Help of a Qualified Attorney Today
While learning about all the various ways a personal injury lawsuit can be worrying, you can rest easy if you hire a skilled attorney. If you want to reduce the chance of a case dismissal as much as possible, look no further than The Glassman Law Group. Our firm has a wealth of experience with all kinds of different personal injury cases, and we know how to approach the trial process with care, precision, and efficiency. Reach out today, and we can get the ball rolling.