Seattle Personal Injury Attorney Chris Thayer
Seattle Personal Injury Attorney Chris Thayer
Handling Personal Injury Claims in the Seattle Area and Throughout Washington Since 1995

My name is Chris Thayer and I am a personal injury attorney practicing in downtown Seattle. I handle personal injury, medical malpractice and wrongful death claims throughout the greater Seattle area, including Issaquah, Mercer Island and Kirkland.

I am here to help you.

Call for a free consultation (206) 340-2008

Defeating a Motion to Dismiss Your Personal Injury or Wrongful Death Lawsuit

Posted Thursday, March 1, 2018 by Chris Thayer

It is important for personal injury and wrongful death plaintiffs to be aware of the legal tools that may be used to defeat their claims. One such tool is the “motion to dismiss.”

What is a Motion to Dismiss?

A motion to dismiss is fairly straightforward. It is a formal request for the court to dismiss, or reject, a lawsuit or a particular claim within a lawsuit.

The litigation process begins once the plaintiff files a complaint and it is served upon the defendant. The defendant then has 20 days to “answer” the complaint, either by filing a formal response or by filing a motion to dismiss.

There are many reasons a court may agree to dismiss a claim or lawsuit. Those reasons include:

An experienced attorney can help you defend against a motion to dismiss your personal injury or wrongful death lawsuit.

*Court Rejects Motion to Dismiss Wrongful Death Case Against Seattle*In June 2017, two Seattle police officers shot and killed 30-year-old Charleena Lyles after responding to a 911 call at her apartment. Her family filed a wrongful death lawsuit against the officers and the city, alleging that the shooting could have been avoided.

The officers and city filed a motion to dismiss the lawsuit, arguing that there was no basis for the family’s claims. The court granted the motion in part, but allowed the family’s negligence claim to proceed. This means that the family can continue to argue that the officers’ negligent conduct caused their loved one’s death.

*Filing a Damages Claim Against Seattle*Here are a few things you need to know about filing a lawsuit against the city. The first step is filing an official claim for damages with the City Clerk. The form must be filed within the applicable statute of limitations, which varies depending on the specifics of your claim.

The claimant may also submit supporting evidence, such as receipts and photos. After the City Clerk receives your claim, it will be sent to the Risk Management Office. A claims adjuster will investigate and recommend a resolution. Options include paying the claimant a sum of money, transferring the claim to another entity, or denying the claim altogether.

Claims typically take about 60 days to resolve, but more complicated cases can take longer. If the city denies your claim then litigation might be your next option. An experienced attorney can help determine your best course of action.

*Contact Us Today*Contact one of our personal injury attorneys today for a free consultation if you or a loved one have been injured or killed because of municipal negligence or misconduct. Our experienced attorneys will guide you through the litigation process and help recover the compensation that you deserve, including medical expenses and pain and suffering.