Throughout your personal injury case, you will likely hear many terms you are unfamiliar with. While any confusion you have about your case can affect your overall feelings about and confidence in the process, some concepts are more important for you to understand than others.
The issue of dismissal may come up, and because this is substantially impactful to your case, you must understand what this means.
Types of Dismissals in Civil Cases
A personal injury case is known as a civil case, which means it’s non-criminal. Personal injury includes cases involving negligence, such as car accidents and premises liability. A judge may terminate a case, which is called a dismissal. In civil proceedings, dismissals can be with prejudice or without prejudice.
Dismissal Without Prejudice
When a judge dismisses a case without prejudice, it means that the plaintiff can refile the same claim. This may be done for a variety of reasons but is most often a result of a request from the plaintiff or defendant.
Dismissal With Prejudice
A dismissal with prejudice means that the plaintiff cannot file another claim for the same reason. The case is closed when the dismissal is with prejudice. This is not a desirable outcome for an injured plaintiff, so avoiding a dismissal with prejudice is preferable.
Why Does a Court Dismiss a Case with Prejudice?
In Georgia, a court may dismiss with prejudice either on the plaintiff’s second voluntary dismissal or if requested by the defendant after evidence has been presented.
Second Voluntary Dismissal
If the plaintiff has already requested the case be dismissed, and the court dismissed without prejudice, a second request will likely not lead to the same outcome. In most situations, applying for a second voluntary dismissal means that the court shall consider the case to have been fully considered, and it will be dismissed with prejudice.
Defendant’s Request for Dismissal After Evidence
If the defendant requests an involuntary dismissal after the plaintiff has had a chance to present evidence, the court may decide that the facts are insufficient to support the claim being made and dismiss the case with prejudice. This is generally only allowed in civil cases that do not involve a jury.
Experience You Can Trust in Your Personal Injury Case
At Flanagan Law, we know that our clients rely on us to keep them informed and advocate for their best interests. That’s why we are always happy to answer any questions about unfamiliar terms or complex processes. We will do our best to prevent a dismissal unless it is the best outcome for you.
We cannot strategize about the best possible course of action in your injury claim until we learn about you, your recovery goals, and the details of your accident. Contact us today to schedule a free consultation so we can provide targeted strategic guidance for your personal injury claim.
