What Happens if Your Civil Case Was Dismissed?Pa Accident News
When you file a civil suit, you are likely doing so because you believe it is your right and that you have a solid case for financial compensation. Every state has its own laws concerning how it handles tort cases, and Pennsylvania is no different. While some states do not limit these legal suits, others do. Pennsylvania is a state that has fault laws that restrict who can obtain compensation when they are harmed by another party.
Pennsylvania’s modified comparative negligence system says that anyone who is 51% or more responsible for their accident will be unable to receive compensation for their losses. If you are unsure how strong your case is or if you should file a suit for compensation, it is advantageous to meet with a local, trained, and licensed legal professional in your area. The experienced Philadelphia personal injury attorneys at Edelstein Martin & Nelson know the state’s laws, the negligence system, and how to evaluate civil cases to assess their worth.
Will You Lose Your Right to Compensation if Your Civil Case is Dismissed?
The ideal outcome when you file a civil case is that it either settles outside of court for a fair amount of compensation, or it goes to court, is heard, and the judge or jury decides in your favor and awards you full compensation for all of your losses. In some situations, though, this does not happen and a case that goes to court is thrown out and never heard. When this happens, it is normal to feel dejected and wonder what your options are to obtain compensation or if you even can.
If you were in some type of injury accident like a car accident in Pennsylvania, for example, you are not going to be successful with your claim if you were deemed to be over 50% responsible for causing the crash. However, if you were less than 51% responsible you may be able to. When your case goes to court and a judge or jury decides to have it dismissed there are two ways this can go.
The first way your case can be dismissed is with prejudice. If this happens, then not only will your case not be heard but you cannot file it again. Ever.
The second way that your case can be dismissed is without prejudice. Here, your case may not be seen, but you are not barred from refiling it if you would so choose.
Speak with a Philadelphia Personal Injury Attorney Today
Not having your case dismissed and winning it is the ultimate objective. The resourceful Philadelphia personal injury lawyers at Edelstein Martin & Nelson can help you with your civil suit and with getting the best possible results from it. This would include either fighting for the most compensation in a settlement or litigating aggressively in court on your behalf for a financial award. Call today at (215) 731-9900 to schedule a free consultation with a seasoned attorney.