What Happens If the Defendant Tries to Dismiss Your Case?
Most of the time, personal injury claims—such as those involving car accidents or slip and fall injuries—are resolved based on the available evidence. In many situations, this means reaching a settlement before the case ever goes to trial. Settlement negotiations often hinge on the strength of your claim: your medical records, witness statements, photos, accident reports, and expert testimony. However, some cases do end up in court, where a jury will decide if the defendant is liable and how much compensation you should receive.
In some cases, though, the process can take a turn before it even begins. The other side, or the defendant, may try to shut your case down early by filing a motion for dismissal. A dismissal is when a judge throws a case out before hearing any arguments at trial. This can feel intimidating, especially when you’re still recovering from your injuries and dealing with medical bills, missed work, and emotional stress.
But dismissals serve an important role in the legal system. They help weed out frivolous lawsuits—cases that are not legally sound or lack any real evidence of wrongdoing. However, if you have suffered a genuine injury caused by another person’s negligence, it’s very unlikely that your case will be dismissed, even if the defense tries to push for it.
When Do Judges Dismiss Personal Injury Cases?
A judge typically only dismisses a case when there is a “failure to state a claim.” This legal term means that your lawsuit doesn’t clearly explain how the other party’s negligence caused your injuries. For instance, if you slipped and fell inside a grocery store, you can’t just file a lawsuit because you were hurt on someone else’s property. You need to show that the property owner did something negligent, like leaving a spill unattended or failing to post warning signs around a wet floor.
This is where an experienced Atlanta slip and fall lawyer becomes invaluable. A good attorney will know exactly what information your lawsuit needs to include and how to frame your legal claim so that it meets all requirements. With a lawyer’s guidance, you’re far less likely to encounter issues like a failure to state a claim.
What About Car Accident Lawsuits?
In car accident cases, motions to dismiss are less common, because the liability is usually easier to prove through police reports, traffic camera footage, and eyewitnesses. Still, the defendant may attempt a dismissal if they believe the evidence isn’t strong enough, or if they think you’re partially or fully at fault for the accident.
Whether your injuries came from a rear-end collision or a serious highway crash, having an Atlanta car accident lawyer by your side helps ensure that your claim is properly filed, supported by evidence, and protected against any attempt to have it dismissed prematurely.
Can the Defendant Request a Dismissal Even If My Case Is Valid?
Yes, and unfortunately, they often do—especially large insurance companies and corporate defendants. Filing a motion to dismiss is a low-risk tactic for them. If it works, the case is over before it starts. If it doesn’t, they still get to defend themselves in court. That’s why some defense attorneys file preemptive motions to dismiss as a strategy in nearly every case, hoping to scare plaintiffs into dropping their claims or accepting lowball settlements.
This kind of aggressive tactic is exactly why it’s critical to have a skilled personal injury attorney representing you. Your lawyer will be prepared to argue against dismissal, showing the judge that your case is backed by real evidence, clear legal standing, and legitimate damages. If your case is strong—and most are—then a motion to dismiss is nothing more than a bluff.
Why Hiring a Personal Injury Lawyer Matters
Whether you’ve suffered a slip and fall accident, been injured in a car crash, or are dealing with another form of negligence, an experienced attorney is your best defense against these types of legal roadblocks. Your lawyer does more than just file paperwork—they build your case, stand up to insurance companies, and make sure your voice is heard.
At John Foy & Associates, we’ve helped thousands of clients in Atlanta and throughout Georgia fight back against unfair dismissals, weak settlement offers, and insurance company tactics. Our team includes highly experienced slip and fall lawyers, car accident attorneys, and other personal injury specialists who know what it takes to win.
Talk to an Atlanta Personal Injury Lawyer for Free
Don’t let the fear of dismissal—or pressure from insurance companies—keep you from getting the compensation you deserve. At John Foy & Associates, we offer a 100% free consultation, and you pay nothing unless we win money for you.
Get the Strong Arm on your side. Fill out the form to your right or call us at 404-400-4000 to schedule your free consultation today. Call 404-400-4000 to get your FREE consultation today.
