Buffalo personal injury attorneys may occasionally speak of a requirement to establish a prima facie case regarding various aspects of your personal injury lawsuit. This term most frequently comes up when one of the parties is asking the judge to dismiss the case either prior to trial or at the conclusion of some portion of a trial.
A prima facie case is one that, if unrefuted by the other party, is sufficiently supported by evidence that a reasonable person may find it to be true. This may come into play, for example, after the plaintiff has completed its portion of the case at trial. At that time, the defense may argue that the plaintiff did establish a prima facie case regarding the cause of the accident, one or more of the injuries, or any other issue relevant to the case. If a prima facie case has not been established regarding a particular issue, that portion of the case may be dismissed by the judge.
If a prima facie case has been established, however, the other party is required to submit evidence refuting it.
If you have suffered a personal injury, we would be happy to hear about your case. Please call us at 716-542-5444.
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