A dismissed personal injury case could end your ability to get paid—for good. You want to do everything you can to ensure the defendant in your case can’t win a Motion for Summary judgment.
Here are two issues that can kill your case.
#1) Procedural Problems
The most common procedural problem with a New York personal injury case is failing to adhere to the three-year statute of limitations. There is no good reason to wait three years most of the time…you want to get a lawyer on your case just as soon as possible, preferably as soon as you’re medically capable.
If your case doesn’t need a lawyer, your lawyer will tell you so. If it does, you want your lawyer to find evidence immediately.
The second most common procedural problem is a failure to adhere to important deadlines. If you want to sue the City of New York, the state of New York, any New York county, or any federal entity, you must file a Notice of Claim, typically within 30 days of the accident or injury. Fail to do so, and you won’t even be able to negotiate a settlement.
#2) Going After the Wrong Defendant
Any defendant will try to shift the liability burden to any other party they can. In complex cases, it’s vital to work with an attorney who will track down all possible defendants and who will make the strongest possible case as to why they had a duty of care towards you and why their negligence led to your injuries.
Car accident cases can be straightforward, but truck accident cases, construction cases, slip and fall cases, medical malpractice cases, nursing home cases, daycare cases, and product liability cases are often far more complex.
You also want to ensure the case’s facts support your narrative. If the evidence supports the defendant’s narrative, the judge may rule that the issue is straightforward and no trial is necessary.
Get Help Today
Ideally, your personal injury case will settle out of court. If it doesn’t go to trial, there’s no concern that a judge will dismiss the case. But a defendant who feels your case is weak or has issues might push it to trial just to convince a judge that it can and should be dismissed. If that happens, you lose.
Work closely with personal injury attorneys who will do everything possible to keep your case as strong as possible so that the insurance companies have to pay or fight it out in court. Contact our office to schedule a free consultation today.
