Louisville Car Accident Litigation Basics: What Is a Motion to Dismiss and How Do You Defeat One in Your Car Accident Lawsuit

If you were injured by another driver in a car accident in Louisville and you filed a personal injury lawsuit in court, you may be surprised when the negligent driver (also called the “defendant”)responds with something called a “motion to dismiss.” Receiving notice that this kind of legal filing has been filed with the court can feel intimidating, especially if you are still recovering from injuries and you do not know how to respond. However, it is important for Louisville car accident victims to know that a motion to dismiss does not mean your case is automatically doomed. In many cases, it simply means the defendant is testing whether they can throw your case out because it does not meet basic requirements under Kentucky laws. Understanding how motions to dismiss work in Louisville car accident lawsuits, and how a lawyer can help you defeat one, can help you not be assured that you can get beyond this legal hurdle and get justice in your case.

Motions to Dismiss in Louisville Car Accident Lawsuits: The Basics

Simply put, a motion to dismiss is a request made by the defendant (the negligent or at-fault driver) asking the court to throw out the lawsuit before it moves any further. In Kentucky, motions to dismiss are governed by Kentucky Rules of Civil Procedure, Rule 12.02, which lists the possible grounds for dismissal. These include claims that the lawsuit fails to state a claim, that the court does not have jurisdiction, that the complaint was not filed properly, or that the plaintiff did not meet procedural requirements.

In a car accident case, the most common argument under Rule 12.02 is that your lawsuit “fails to state a claim upon which relief can be granted.” This means the defendant is arguing that even if everything you allege against them in your complaint is true, Kentucky personal injury laws do not allow you to recover damages. Usually, this is not actually the truth in reality at all. Instead, the defendant is trying to delay the lawsuit or avoid moving forward to discovery. This is where an experienced Louisville car accident lawyer can come in to help you.

Defeating a Motion to Dismiss in Your Louisville Car Accident Lawsuit

If a motion to dismiss was filed by the negligent driver in your Louisville car accident case, do not despair. There are often ways to defeat this legal pleading. A Louisville judge is likely to deny the motion if your complaint includes the essential elements of a negligence claim. In a Kentucky car accident case, this generally means that in your complaint that was filed with the court, you plead basic facts that show that the defendant’s conduct constituted the legal elements of negligence. Importantly, a Louisville car accident victim does not have to prove their case in their complaint. They only need to show the basic facts of the case, and that they give rise to a negligence claim. An experienced Louisville car accident lawyer can review the motion to dismiss in your case and craft a strong response so that your case moves forward.

If you are in the Louisville area and you need legal help with your car accident case, it is critical to get legal help now. The experienced Louisville car accident lawyers at Haney Law, PLLC are here to help Louisville car accident victims get justice against the negligent drivers who injure them. Contact Haney Law, PLLC today and speak to a lawyer about your case now.

Source:

govt.westlaw.com/kyrules/Document/N6AC8DA10A91B11DA8F5EE32367A250AE?transitionType=Default&contextData=%28sc.Default%29