5 Reasons For A Motion To Dismiss Your Car Accident Lawsuit

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5 Reasons For A Motion To Dismiss Your Car Accident Lawsuit

27 July 2015
 Categories: , Blog

After you have been injured in an automotive accident, you may decide to sue the motorist who caused the incident. Your right to receive the compensation that your lawsuit requests will be determined in court. However, your lawsuit could be dismissed before the court issues a determination. When a car accident attorney files a motion to dismiss, he or she requests that the proceeding be terminated. Here are a few reasons for filing a motion to dismiss:

Wrong Jurisdiction for the Lawsuit Subject

The court handling the suit may not have the right to rule on your lawsuit. For instance, the jurisdiction of a civil court may not extend to all matters that can be heard in a probate court. If jurisdiction for your car accident suit is incorrect, the lawsuit may have to be moved to the proper court.

 Wrong Geographical Jurisdiction for the Defendant

The court that is hearing your suit may not have jurisdiction over the right geographical area. If you live in New York, but your accident occurred while you were on vacation in Florida, then a court in New York may not have jurisdiction over the Florida defendant. Instead, your lawsuit may have to be posed to a Florida court. 

Technical Deficiencies Concerning the Summons

A summons makes the defendant aware that he or she is being sued by you. If there is a technical problem with the wording of the summons, or if the summons was not served to the defendant correctly, the lawsuit could be dismissed. In cases where the summons is delivered by hand, it cannot be presented to the defendant until the defendant's identity has been verified. In some instances, the summons is delivered by mail. 

Insufficient Legal Evidence of Defendant Responsibility

If the evidence does not show that the defendant acted improperly, the case may be dismissed. In order for you to receive a favorable judgment against the defendant, he or she must be legally liable for your injuries. In some instances, the defendant may agree that your damages are correct, but he or she may be able to prove to the court that a third party is actually responsible.

Filing of a Motion of Summary Judgment

If the defendant agrees with the facts that your attorney has presented and desires to pay the requested restitution, there is no need for a trial. Your case may be dismissed to allow for quick settlement if there is nothing in dispute. Your suit may also be dismissed if you abandon your original statements and agree with those of the defendant.

There are many reasons for a motion to dismiss. However, your car accident attorney will explain the legal options and help you make the best decisions for your claims. If you have questions about your lawsuit, contact your car accident attorney today. To find out more, contact someone like Cok Kinzler PLLP.