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Spangenberg, Shibley & Liber, LLP | Mar 5, 2014

Does a Motion to Dismiss Harm My Case?

Categories: Personal Injury

If you’re involved in a personal injury lawsuit, you may have a lot of questions as to how things work in the civil court system and what the attorneys are doing.

One of the things that you may come across is the motions that the other attorneys put forth to the court. These can be confusing and you want to know if they can have a negative impact on your case.

As the attorney for the other party, their job is to make sure you don’t win your case. One of their first steps is to actually try and make your case go away. Even if you lose at trial, everyone will still have gone through the entire process of the case and trial. It is in their best interest to stop your case immediately.

So one of the first things you may see is a motion to dismiss. This is a legal action in which the other attorney is asking the court to throw out the case based on the idea that you don’t have a valid claim. The attorneys are asked to bring a reason to the judge as to why they are contesting the facts of your case. They are asking the judge to dismiss your case without even hearing your side. Your attorney is there to fight your case and give you the best result possible.