Can Your Personal Injury Claim be Dismissed?Putnam Law Office
Filing a civil suit like a personal injury lawsuit for financial recompense in the state of Oklahoma is your right in most situations. Due to the state’s fault system, only those individuals who are less than 51% responsible for causing their personal injury event are going to be able to file a claim for compensation. If an individual is 51% or more accountable, then they lose their right under state law to recover a financial award for losses.
For those individuals who are able to file a lawsuit for compensation in the state of Oklahoma, it is essential to know that doing so is not a guarantee that their case will be heard. In fact, their case could be dismissed, and depending on how that happens, the ability to refile could be gone.
Why Would Your Civil Suit Be Dismissed by the Courts?
It is best when a civil suit is appropriate to work with a licensed and experienced legal professional that knows how to manage such complicated situations. Working with an attorney improves your ability to file a claim that is successful and that is not thrown out by the courts. In Oklahoma, the Oklahoma City personal injury attorney at the Putnam Law Office can help you with your claim.
Knowing your rights, how the courts operate, and the civil system within the state of Oklahoma can help you avoid making mistakes that can lead to a case dismissal. In specific, there are three instances to be aware of where a court will dismiss a civil case, and these are:
- It is absolutely necessary that you arrive on time or early to your court hearing. If you do not make it to court, the defendant’s legal counsel will request a dismissal of the suit and they will likely get their wishes.
- If your suit is not on solid legal grounds supported by substantial and persuasive evidence then the courts will look at it as a waste of time or frivolous and not hear the case but instead dismiss it.
- Each state has a window of time that its residents can file civil claims and failure to file within this timeframe means that the courts will dismiss. This time period is called the statute of limitations. Oklahoma’s statute of limitations for most injury suits is two years from the date that the injury accident happened.
There is much to do and to know about when filing a civil suit. Being successful will be dependent on a variety of factors, but perhaps most importantly, having your case actually seen by the court. Most personal injury suits settle outside of the courtroom, but just in case yours is one of the few that does not, you will want to make sure that your case will at least be heard.
Speak with an Oklahoma Personal Injury Attorney Today
If you were injured in an injury accident like a car accident in Oklahoma where negligence was a factor, then please call the Putnam Law Office to schedule a free consultation to discuss your case at (405) 849-9149.