What can cause a car accident lawsuit to be dismissed in Baton Rouge?
Baton Rouge, LA – A person who has been involved in an accident needs to be careful about choosing the right lawyer to ensure that their case is filed properly and proceeds as necessary. One of the main reasons to do so is that a civil lawsuit for compensation related to injuries can be dismissed as a standard part of civil procedure. Defense lawyers for insurance companies that represent drivers are aware of this fact, and they can file a motion to dismiss based on certain deficiencies in how the case was brought and what was alleged in the complaint. More specific advice should be obtained from an attorney before bringing any lawsuit.
The case was filed too late
Every state has a statute of limitations to file a lawsuit for injuries and other losses. People in Louisiana need to be especially careful, as this time limit is generally set at one year for any kind of accident case. If the statute of limitations has passed and it is too late for the victim to get relief, any attempt to bring a lawsuit will be dismissed based on the state law.
Issues related to venue and jurisdiction
A court can only hear a lawsuit if they are the proper venue to bring the case based on their location and the court has the authority to issue the type of relief that the plaintiff needs. In most cases, the lawsuit can be filed in the county where the accident happened. Experienced lawyers should be aware of any potential issues with venue or jurisdiction to ensure that the case is brought in the proper court system.
Deficiencies in the pleadings
The documents that are filed to begin the case and those in the early stages of the lawsuit are extremely important. Based on the information contained within these documents, the plaintiff needs to state a valid cause of action and there needs to be sufficient allegations to show that the defendant was the party responsible for the incident. If a review of these initial documents proves that there will be problems proceeding with the lawsuit, the defendant can move to have the case dismissed and the plaintiff will not be entitled to relief.
Accident lawyers are available in Louisiana
Miller, Hampton, and Hilgendorf is an accident firm located in Baton Rouge, Louisiana. Their lawyers are dedicated to helping local clients with the process to get financial assistance for their injuries.
USAttorneys.com is a service that works with people who are searching for lawyers in any part of the country. People who need assistance with their search can call 800-672-3103 for a referral.
Firm contact info:
Miller, Hampton, and Hilgendorf
3960 Government St., Baton Rouge, LA 70806
225-343-2205
www.mlhlaw.com
