When Can a Lawsuit Be Dismissed?

Published on Aug 14, 2020 at 10:50 am in Personal Injury.
When Can a Lawsuit Be Dismissed?

When you’re filing a lawsuit, you’re likely seeking compensation for the injuries you’ve suffered from an accident that wasn’t your fault. You want to make sure your lawsuit is valid and everything is filed properly so your lawsuit can proceed.

However, if there is an issue with the lawsuit, it could be dismissed. This could mean you can no longer pursue legal action for compensation, which can put you in a financially difficult situation. A Biloxi personal injury lawyer from Corban Gunn, Attorney at Law can help you file a lawsuit so you can fight for the justice you deserve.

Reasons for a Lawsuit Dismissal

There are many types of personal injury cases that could proceed to court. When you’re still negotiating a settlement, you may find that the other side isn’t willing to offer an acceptable amount that can help you. So, you decide to take your case to court.

It’s important your lawsuit is brought forward properly so there’s no reason for it to be thrown out. The following reasons could possibly put your lawsuit in jeopardy of a dismissal:

  • Filed After Statute of Limitations Has Passed. You don’t have an infinite amount of time to file a lawsuit. Your personal injury claim will have a statute of limitations, or a certain amount of years in which you can bring your claim forward. If you file outside of this statute, you can be considered ineligible for compensation. These statutes vary state by state. Your lawyer will know the time limit that’s applied to your case.
  • Court Doesn’t Have Jurisdiction. Certain cases need to be filed with certain courts. If you file your lawsuit in the wrong type of court, they will not have the jurisdiction over your case. The defendant can file to have the case dismissed if you’ve filed in the wrong court.
  • Lack of Evidence. If you don’t present the facts in a way that shows you have a valid claim against the defendant, then your case could be dismissed. Additionally, if the you don’t have enough evidence to support your side of the story, then the defendant may seek to get the lawsuit dismissed.
  • Lawsuit Wasn’t Filed Properly. The lawsuit needs to be filed and served correctly. If the defendant is notified of the lawsuit improperly, then they may have grounds to get the lawsuit dismissed.

Because there are so many technicalities that could cost you the chance of pursuing your lawsuit, you need to make sure everything is in order so you have your day in court. The best way to protect your rights is to have a skilled personal injury lawyer on your side.

How Can a Personal Injury Lawyer Help Avoid a Lawsuit Dismissal?

When you have a personal injury lawyer to help you with your case, you’re going to have an experienced professional guiding you throughout the process. Your lawyer should have knowledge and background in the area of your personal injury claim, and they should have dealt with cases like it in the past.

They’re aware of how the court system works and will make sure your lawsuit goes to the right place and there aren’t any formalities that are overlooked.

To make sure you have the right representation on your side, you can ask your lawyer when you first meet with them about their expertise. Ask what kind of cases they’ve handled, and if they’ve handled cases like yours before. Look into the successes they’ve had in the past and pay attention to client testimony. Remember to read reviews with a critical mind.

If someone came forward with a claim but didn’t have enough evidence to support it, the lawyer may not have chosen to represent them. The person could have left a poor review as retaliation. The overall impression from multiple reviews can give you a better idea of your representation.

After doing your due diligence, you can have confidence in your representation and that they’re going to do everything possible to fight for you in court.

Seeking Legal Representation in Biloxi, Mississippi

Personal injury lawsuits are important for the injured victim to recover much needed compensation so they can get the care and secure financial future they deserve. Losing that opportunity by making a mistake that results in the courts refusing the case can be devastating. Corban Gunn, Attorney at Law has helped clients file lawsuits and represent them in the courtroom so they can get justice.

If you’re seeking to recover the compensation you deserve, get in touch with our office today. We’ll schedule a free case evaluation and find the best way for you to proceed.



If you can’t call us, fill out the form below. Our initial case evaluations for personal injury cases are always free. No strings attached.