Pennsylvania’s modified comparative negligence system means that if you were less than 51% responsible for causing your accident and your resulting injuries then the damages you suffered can be compensable under the law. But, if you are 51% responsible or more for causing your accident, then you will not be permitted to obtain financial compensation for your damages.
Every state has its own fault system and this will determine the rights and eligibility individuals have when it comes to filing civil suits and securing compensation. Because of the complexity that can come with legal suits, it is best to work with an experienced and licensed attorney who knows the laws in your state. In Pennsylvania, the personal injury attorneys at O’Donnell Law can assist you with your personal injury claim and be right by your side throughout each step of the personal injury claim process.
Why A Civil Suit May Be Dismissed
The worst-case scenario when you file a lawsuit is that you lose your suit or that it is dismissed. Although there are no guarantees when it comes to the outcome of legal suits, when you work with an attorney, you improve your chances of having your case heard by the court and securing the most compensation possible.
If your case is dismissed though, you may not be able to refile again and have it heard to get the legal remedy to your situation that you want and need. This is so because when a judge dismisses a case they can choose to dismiss with prejudice, meaning you will never be able to have your case heard. There are certain situations where this may happen like could be the case if you were determined to have acted in bad faith. But, your case could also be dismissed without prejudice and here, you would be able to refile in the future.
Doing everything you can to build a strong case with robust evidence and establishing clear grounds is essential to getting results. Also, your actions could impact the outcome of your case. If your case was dismissed this could be because any of the following happened:
- Failure to show up to your scheduled court date is a sure-fire way to have your case thrown out and dismissed. It is almost assured that the defendant’s legal counsel will move for a dismissal and the courts are likely to agree.
- Your case needs legitimate and factual grounds that are supported by the law in order for the court to hear your case. If this is not true with respect to your suit, your case will be dismissed.
- In Pennsylvania, you only have two years from the date your accident happened to file your claim. If you do not file in time, the court will not hear your case and it will be dismissed. This timeframe is Pennsylvania’s statute of limitations and each state in the nation has its own deadlines for filing civil suits.
Speak with a Pennsylvania Personal Injury Attorney Today
To learn more about filing a personal injury claim in Pennsylvania, please schedule a free initial consultation with the Wilkes-Barre personal injury lawyers at the O’Donnell Law Offices serving clients in Kingston, Wilkes Barre, Hazleton, and Pittston at 570-821-5717 or online today. There is no fee or cost until we win your case.
Source:
legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.071.002.000..HTM