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Three Reasons That The Defendant Could File A Motion For Dismissal In Your Injury Case

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In any personal injury case, it's possible to hear from your attorney that the defendant has filed a motion for dismissal. The defendant could be a business, a property owner, or some other entity that had a negligent role in your accident and injury. You might feel a sense of panic upon hearing that the defendant has filed a motion to dismiss the case, especially if you're determined to earn a settlement to cover your medical costs and help to compensate you for missing time at work. It's important to remember that these motions are a common occurrence, and as long as your personal injury attorney has built a compelling case, the judge is apt to decline the motion. Here are some reasons that a motion for dismissal might be likely.

There Have Been Inconsistencies In Your Story

Inconsistencies in a personal injury case can often be problematic. If you've perhaps made some accuracy errors when discussing your case during the discovering phrase, the defendant's attorneys may feel as though you're fabricating certain elements. The reality could simply be that you got confused about a question, forgot a detail, or became nervous during the tenseness of the moment. A good personal injury attorney will have defenses for any reason that you may have been inconsistent.

There Is A Shortage Of Evidence

The more evidence that can support your claim of an injury following an accident, the stronger your personal injury case will be. However, there can be times that getting evidence is a challenge. In some cases, there may be little to no evidence at all — which can definitely make things difficult for your personal injury attorney. If the defendant's legal representation feels as though your evidence in insufficient, it may file a motion to dismiss the case.

There Aren't Any Witnesses

Not having witnesses can also be an issue when you and your attorney build your personal injury case. A lack of witnesses doesn't mean that your case won't succeed, but it does mean that the defendant's attorneys might attempt to file a motion for dismissal. Your case can move forward if the judge looking over your file feels that the lack of witnesses isn't a problem. A motion for dismissal is often a technique that a desperate defendant will use to slow down a personal injury case from moving forward, and may occur for any number of reasons — even if the above issues aren't a problem in your case.

Contact an attorney, like James Lee Katz, for more help.