Personal Injury Lawsuit Defenses – Technicalities

One of the most efficient ways to win a lawsuit as a defendant is through a technicality. The law upholds a series of processes and procedures that must be followed respectfully before, during and after a trial. If these procedures are not abided by, they can determine the outcome of a court case—most likely in favor of the defendant. If you are the defendant in a court case, you or your injury lawyer New York should have a clear understanding of the technicalities that could force a judge to rule in your favor.

Failing to Abide by the Statue of Limitations

The plaintiff has a set amount of time to file a suit against a defendant. If a plaintiff decides to file a suit several months or years after an incident, this case may not hold up in court. Each state has its own statute of limitations as does the federal government. If you are being sued, check the statute of limitations for your state—and for the type of court case you are involved in. If the filing date was outside the statute of limitations, you might have grounds for a dismissal of your case.

A good example is a disgruntled worker who wants to sue his former company. The worker fell on the job, could no longer complete his job and was fired. This worker has grounds to sue. Yet he cannot choose to take action against the company 10 years after he was fired. Depending on the statute of limitations in his state, he would need to file within the appropriate time frame.

Failing to File a Notice

In many court cases, the plaintiff is required to file a notice of intent to sue before filing the court case. Many plaintiffs fail to do so. This can also result in a dismissal of the case. Depending on the state, the plaintiff generally will need to file a notice before any further action can be taken. In addition to filing the notice, the plaintiff may need to follow a set of guidelines or steps before filing the case. These steps must be completed in a certain order. Even if the plaintiff has grounds for a case, the case may be dismissed because the plaintiff did not follow the correct procedures.

Failing to Wait Appropriate Time

After filing a notice, most states require the plaintiff to wait a specific amount of time before taking further action or filing a case. The defendant has a set amount of days from the time of the notice to respond or take separate action. Many plaintiffs do not wait this set amount of time because they know most defendants might not understand their rights or might not seek legal advice. Understanding your rights can be the single most helpful part of winning your court case or having your case thrown out.

Summary Judgement

The steps the plaintiff must take (including the required wait times before filing) are called a summary judgment. These processes and procedures were put into place to avoid cases going to trial that can be resolved outside of court. A summary judgment can also help determine the facts before the court case even commences.

A great example would be our disgruntled worker who wants to sue his boss. He claims he was fired because he was not given the tools to complete his job. His boss claims he was fired because he did not complete his work in a timely manner. The employee would need to send a letter to the company he plans to sue. He must then wait the appropriate amount of time before taking further action. If the employee does not wait the appropriate amount of time, the could be dismissed—even if it is painfully obvious to the judge that this employee has grounds to take action.

Contact Your Lawyer

The most efficient way to determine the statute of limitations or the summary judgments for your individual court case is to call your lawyer. A lawyer understands the law inside and out and can advise you as to whether you have grounds to file a lawsuit. A lawyer can also help you determine whether the plaintiff in a case brought against you still has grounds to file a suit.