How Personal Injury Cases Are Resolved

Most personal injury claims, such as car accident cases or slip and fall incidents, are resolved based on the strength of the evidence. In some situations, this involves going to court and having a jury decide the outcome of your case. In many others, cases are settled through negotiations before reaching a courtroom. However, there are instances when the opposing party (the defendant) may attempt to have your case dismissed before it progresses further.

A dismissal means the court throws your case out without hearing it in full—an intimidating prospect. However, dismissals are an essential part of the judicial system, as they prevent frivolous lawsuits from overburdening the courts. If you have suffered a legitimate injury due to someone else’s negligence, it is unlikely that your case will be dismissed, even if the defendant requests it. Let’s explore when judges dismiss personal injury cases and what you can do to protect your claim.

Reasons Judges Dismiss Personal Injury Cases

A judge will typically dismiss a personal injury case for what’s known as a “failure to state a claim.” This legal term means that your lawsuit does not clearly establish a connection between the defendant’s actions and your injury. A successful claim must clearly spell out how the defendant’s behavior caused your injury.

For example, if you tripped and fell inside a grocery store, you cannot simply sue the store owner because the injury occurred on their property. You must demonstrate that the store owner’s negligence—such as failing to clean up a spill or repair a broken floor—directly caused your fall and subsequent injuries.

If you have a skilled personal injury lawyer filing your claim, it is unlikely that your case will fail to state a claim. Experienced attorneys know how to document your case and provide the necessary evidence to support it.

What If the Defendant Requests a Dismissal?

Even if your case is legitimate, the defendant may still ask the judge to dismiss it. This is a common strategy, especially for defendants with aggressive lawyers or large corporations attempting to avoid paying compensation. For defendants, there is little risk in requesting a dismissal. If the judge grants the motion, the case ends. If the judge denies the motion, the defendant can still prepare to defend themselves in court.

Some defendants use what’s known as a “preemptive” strategy, filing dismissal requests in nearly every case they face. This can be intimidating for plaintiffs, but it is often nothing more than a scare tactic. If you have a legitimate claim, the defendant’s request for dismissal is unlikely to succeed. This is why having an experienced personal injury lawyer is crucial. Your attorney will be ready to counter these dismissal motions and present strong arguments to convince the judge to move forward with your case.

At Bert McDowell Injury Law, we understand how to stand up to aggressive defense strategies and protect your rights. Our experience in Connecticut personal injury law means we know how to navigate these challenges and keep your case on track.

Why Choose Bert McDowell Injury Law?

If you’ve been injured due to someone else’s negligence, you deserve a dedicated advocate who will fight for your rights and the compensation you need to recover. At Bert McDowell Injury Law, we specialize in personal injury cases in Connecticut, including car accidents, slip and falls, dog bites, and more. We offer personalized attention to every client, ensuring your case gets the care and expertise it deserves. Our attorneys understand how to navigate the complexities of Connecticut’s legal system, and we have the experience needed to advocate for you effectively in front of a jury or a judge.

We know that dealing with injuries can be overwhelming, both physically and emotionally. That’s why we offer a free consultation to discuss your case and provide guidance on your next steps. Whether your case is resolved through a settlement or proceeds to a jury trial, we are here to support you every step of the way.

Contact Bert McDowell Injury Law Today

If you’ve been injured in a car accident, slip and fall, workplace incident, or any other type of accident caused by negligence, don’t wait to seek legal help. Bert McDowell Injury Law is here to fight for your rights and ensure you receive the compensation you deserve. Call us today at 475-231-3274 to schedule your free consultation. You can also fill out our contact form to get started.

We take pride in serving clients across Connecticut and ensuring that their voices are heard in both settlement negotiations and in the courtroom. Let us put our experience and dedication to work for you.