a

Facebook

LinkedIn

Copyright 2019 Trial Pro, P. A..
All Rights Reserved.

Open 24 Hours

Our Lawyers are Ready to Take your Call

407.300.0000

Call Us For Free Consultation

Facebook

LinkedIn

Spanish

Menu

COVID-19 Update: Trial Pro, P.A continues to be fully operational to service our clients. We are still here for you and we will all get through this together.

a

Worker's Compensation

FAQs: What Is A Motion To Dismiss?

Trial Pro P.A. is proud to advocate for accident victims all over the state of Florida, including from our Central Florida office in Orlando. Our dedicated experienced personal injury attorneys handle a range of legal matters, from employment disputes to auto accidents claims. We can use our knowledge and legal skills to help you not only achieve a favorable outcome, but relieve the legal burden from your shoulders as well. Our entire team understands how challenging and confusing litigation can be, which is why we are here for you through every step of the process.

Get An Expert Personal Injury Attorney On Your Side Today

Client Reviews

Frequently Asked Questions - What Is A Motion To Dismiss?

What Is A Motion To Dismiss?

A motion to dismiss is a pleading that the defense attorney will file to try get your case or part of your case dismissed from the court.

Pursuant to Florida Rules of Civil Procedure 1.140 – a motion to dismiss is based on allegations of failure to state a cause of action.  There are specific requirements as to when to file a Motion to Dismiss.   If the Complaint or Petition was served on the Defendant, a Motion to Dismiss must be filed within 20 days of service and prior to an Answer being filed.

A motion to dismiss a Complaint must contain certain requirements and the relief sought must be in the Motion.  A Motion to Dismiss is based on legal arguments and the Judge can only look at the words in the Complaint ("four corners of the complaint") – there is no evidence presented.   Some complaints are just poorly written, lacks merit or does not provide a short and plain statement of the facts and/or a cause of action.   The Complaint must set out the elements and the facts that support them so that the Court and the defendant can clearly determine what is being alleged in the complaint ("four corners of the complaint").

If a Motion to Dismiss is filed in your case, it is not the end of the world.   Defense attorney's file Motions to Dismiss all the time.   Many times the motion to dismiss is filed as a stall tactic for the defendant.   If a Motion to Dismiss has been filed the case does not move forward until there has been a hearing on the Motion to Dismiss.   If a Judge rules that the Complaint filed does not state a cause of action, or lacks merit, etc., the Judge will allow the Plaintiff's attorney to file an Amended to Complaint to correct the facts within the "four corners of the complaint".

There is another type of Motion to Dismiss that could be filed later on in the case which could have serious consequences.  This Motion is called Defendant's Motion to Dismiss based upon Fraud to the Court.    This Motion to Dismiss is filed after the defense attorney has the Plaintiff's Answers to Interrogatories, which are a series of questions regarding your accident, your medical history, employment, criminal background, etc.   Once the questions have been completed and sent to the defense attorney, shortly thereafter your deposition will be scheduled.   The defense attorney now has a chance to ask you all these questions in person (your attorney will be there with you).  The interrogatories and depositions are called the "discovery process" of your case.  It is usually after the discovery process that the Defendant files a Motion to Dismiss based upon Fraud on the Court. 

I will you give a sample as to why the defendant filed a Motion to Dismiss based upon Fraud.

The Plaintiff answered the interrogatories and had his deposition taken.  The Plaintiff failed to disclose that he had prior treatment for his back from a previous accident.   This was asked of him in the interrogatories and he did not disclose it and then was asked several times at his deposition - did he ever have a prior accident; did he ever have any prior treatment – he said no.   The Plaintiff had many chances to correct his answer but he didn't.

Defendant filed a Motion to Dismiss based upon Fraud on the Court which in summary stated:

Plaintiff deliberately provided false and deceitful testimony regarding her prior treatment history, prior injuries, and prior motor vehicle accident history to set in motion some unconscionable scheme to interfere with the judicial system's ability impartially to adjudicate a matter.  This deliberate and dishonest conduct far predated Plaintiff's deposition as he failed to provide his medical treatment providers related to this automobile accident with an honest representation of his prior medical issues and prior accident.   Not only did the dishonest begin prior to the filing of this lawsuit, but it went well beyond his deposition testimony, and even after being confronted with these prior treatments and complaints, the Plaintiff continued the calculated scheme by providing deceitful testimony.

The statement above asserted by the Defendant really makes the Plaintiff look like a liar.  However, sometimes a Plaintiff simply may have just forgotten about prior treatment or accident and was not intentionally trying to hide information.

It is important to note that the insurance companies have a data base that gives them access to any prior claims you may have had.  So, if you’re having your deposition taken and the defense attorney asks you about any prior accidents, slip and falls and/or worker’s compensation claims, just to  name few – that attorney has all the information even before you answer the question.

If you have a personal injury claim and your attorney files suit in your case, your attorney will discuss how important it is to try to remember every injury and every type claim you have ever been involved in to avoid a Motion to Dismiss based upon Fraud being filed.

Just because the Defendant files a Motion to Dismiss based upon Fraud on the Court does always mean that they will win this argument.    If your attorney feels that the Defendant’s Motion to Dismiss based upon Fraud upon the Court, just does not have any merit based on facts, your attorney will aggressively fight this Motion.   There would be a hearing in front of Judge and there must be clear and convincing evidence of a scheme calculated to evade the facts, not just poor memory or recollection by the Plaintiff.

However, if the Motion to Dismiss based upon Fraud is granted it could have serious repercussions on the Plaintiff.   Not only would the Plaintiff’s personal injury case be dismissed, and the Plaintiff not receive any money, the Plaintiff could owe the Defendant’s attorney’s fees and costs.

No Motion to Dismiss filed is good, but they can be beat by our attorneys.   If you find yourself in a lawsuit for your injuries it is important to talk to your attorney and understand all the different phases of your case and the importance of how to handle prior injuries or prior accidents.

No Fee Unless We Win or Settle!

At Trial Pro, our traffic collision attorneys operate on a contingency fee basis. That means we cover the costs of investigating, constructing, negotiating and litigating your lawsuit. We do not bill you anything unless we recover compensation on your behalf. If we do not win your case, you will owe us nothing.

Our Orlando injury attorneys also offer potential clients no cost evaluations to discuss the details of their claim and determine if you have a suit. Schedule a Free Consultation

If you or somebody else you love has been impaired due to someone else's negligence or neglectfulness, you need a renowned attorney by your side who is familiar with the statutes and regulations in Florida.

Our Orlando injury attorneys are experts in personal injury lawsuits and have been acknowledged by our peers for our success. Several of our lawyers have been mentioned as Super Lawyers and distinguished litigators for their success on behalf of our clients.

We have recovered favorable judgments and settlements that contributed in assisting personal injury victims recoup from their injuries, pain and suffering and medical bills, or the loss of a loved one. Let us help you recover the max amount of compensation you are entitled to for your personal injuries.

a
Orlando Personal Injury Attorneys

With more than a century of collective legal experience and a commitment to hard work, excellence, and integrity, we have recovered millions of dollars in damages on behalf of our clients. Our goal is to enable our clients to sit back and focus on their recovery, knowing that the team at Trial Pro, P.A. has the experience and resources to effectively handle all of the legal details involved in their case.

Slip and Fall
Personal Injury Attorneys
Car Accidents
Personal Injury Attorneys
Truck Accidents
Personal Injury Attorneys
Work Place Injuries
Worker's Comp Attorneys
Orlando Car Accident Attorneys Trial Pro, P. A.

Our goal is to make the process as easy as possible for you. You don't even have to come into our office if you are unable to travel or adjust your schedule to make it to us. We're more than happy to come to you!

In addition to traveling directly to our clients, the team at Trial Pro, P.A. also pledges to provide clear advice and regular client communication. We know how important regular contact with our clients is - we never leave you hanging or delay our responses.

a
686590

FL Drivers Involved in Accidents in 2017

Annually millions of americans are injured, in many instances fatally, in car accidents. In 2011 only, more than 2.2 million people were hurt in the estimated 5,338,000 police-reported car accidents and 32,367 killed in traffic accidents involving automobiles, trucks, motorcycles, pedestrians, and bicycles.

Contact us
a
365

Days a Year Available to Answer your Questions

Our legal team is available 24 hours a day, 7 days a week, 365 days a year to answer your questions and offer expert advice. Our friendly staff is always accessible to meet or speak with you 24 hours per day, 7 days per week. If you or a loved one has been injured, please call Trial Pro immediately to speak with one of our Florida attorneys today. Remember, don't just hire any attorney, hire a Trial Pro!

Contact us
a

Committed to Your Personal & Financial RECOVERY

Each Trial Pro attorney and staff member is determined to see your case as far along as necessary to get you every cent that you deserve. Our friendly staff is always accessible to meet or speak with you 24 hours per day, 7 days per week. If you or a loved one has been injured, please call Trial Pro immediately to speak with one of our Florida attorneys today. Remember, don't just hire any attorney, hire a Trial Pro!

Piercy Stakelum Personal Injury Attorney

Piercy Stakelum

Senior Attorney

Piercy Stakelum, originally from New Orleans, Louisiana, is the senior attorney at Trial Pro., P.A. Mr. Stakelum carries a zealous nature and his motor is fighting for those who have been compromised. Ask him what his heart yearns for and he’ll summarize it in one word: justice.

Andy Rariden Personal Injury Attorney

Andy Rariden

Senior Attorney

Andy Rariden is a leading civil trial lawyer that adds to the collective legal expertise at Trial Pro, P.A. Although he is originally from Charleston, S.C., Mr. Rariden was raised in Florida. He carries over 20 years of civil trial experience and is committed to defending each of his clients.

Brian Davis Personal Injury Attorney

Brian Davis

Senior Attorney

Mr. Davis has built up over two decades of extensive experience trying and disputing cases for clients. Over time, the proficient lawyer has handled a wide range of cases, obtaining successes in lawsuits involving car accidents, medical malpractice, and more.

Don Williams Personal Injury Attorney

Don Williams

Senior Attorney

A native of Orlando, Don Williams has provided commitment and dedicated legal representation to clients throughout the area. The proficient attorney has a keen heart for helping others which is one among many attributes that distinguish him as a leader.

Tyler Nicoll Personal Injury Attorney

Tyler Nicoll

Senior Attorney

Born in Ohio, Tyler Nicoll is a dedicated personal injury attorney and an integral part of the Trial Pro, P.A. team. Mr. Nicoll was raised in Coral Springs, Florida. Mr. Nicoll's primary areas of practice include personal injury accidents, overtime disputes and other related matters.

Mike Davis Personal Injury Attorney

Mike Davis

Senior Attorney

Mike Davis holds over twenty years of professional legal experience under his belt and he is always ready to utilize it in favor of his clients. He is an established professional in the industry, uniquely qualified to provide legal counsel to individuals who have been compromised.

Steve Johnson Personal Injury Attorney

Steve Johnson

Senior Attorney

At the beginning of Steve Johnson's legal career, he advocated for clients such as General Motors and Ford Company. As time went by, the attorney realized he held a special interest for insurance disputes and decided to join the team of Trial Pro law professionals.

Marc Williams Personal Injury Attorney

Marc Williams

Senior Attorney

Marc Williams is an invaluable member of Trial Pro. P.A., dedicated to handling first party insurance claims arising out of Southwest Florida. He has been recognized as a professional in the field, becoming a recipient of the Florida Academy of Trial Lawyers Bronze Eagle Award.

a
Multiple Locations

Based in Florida, Trial Pro, P.A. represents clients across Florida from our offices in Miami, Orlando, Ft. Myers, Naples, Delray Beach, Jacksonville, and Daytona Beach. We are dedicated to fully serving you at every degree. Our vow is to make the entire process of working with us as easy and as stress-free as possible. Therefore, we are more than happy to meet with you at your home, place of employment, hospital room, or any other place that you find more convenient. You are always welcome to come into our office as well.

a
Decades of Teamwork

The Trial Pro, P.A. attorneys carry more than a century of collective legal experience and decades of working together as a team. We have represented hundreds if not thousands of people who have been injured as a result of car accidents, slip-and-fall, workers comp’ cases and more. One thing that is clear to us is the essence of partnership. Without it, Trial Pro, P.A. could not be as effective in attaining success for our clients.

a
Pursuing Client Victories

After experiencing an automobile accident, the last thing you desire is to have an attorney at hand that doesn’t know how to adequately represent you. You want a reputable law firm that will fearlessly fight to acquire optimal compensation on your behalf. This is exactly what Trial Pro, P.A. does. Our lawyers hold a strong reputation for winning cases, and we do everything in our hands to deliver the results you’re expecting.

a
Full Commitment

Our team at Trial Pro, P.A. doesn’t just glance over your case and throws it to the side. We don’t see you as just another number. In order to obtain victory on your behalf, our personal injury attorneys take a closer look at the details. We believe that quality legal representation is tied to full commitment – not a job that’s done halfway. When you choose Trial Pro, P.A., we prove that mediocrity isn’t in our DNA.

Orlando Car Accident Lawyers
Full Commitment

Our team at Trial Pro, P.A. doesn’t just glance over your case and throws it to the side. We don’t see you as just another number. In order to obtain victory on your behalf, our personal injury attorneys take a closer look at the details. We believe that quality legal representation is tied to full commitment – not a job that’s done halfway. When you choose Trial Pro, P.A., we prove that mediocrity isn’t in our DNA.

Fort Myers Car Accident Lawyers
Experts in Personal Injury Law

At Trial Pro, P.A. We're expert Personal Injury Attorneys. Our trial lawyers in Fort Myers specialize in all types of personal injury claims. Trial Pro, P.A. was founded in 2001 and has grown to include five class A offices across Florida staffed with expert personal injury lawyers and support teams. Trial Pro and its expert Personal Injury Attorneys have been selected to Best Law Firms in America, Lawyers of Distinction, America's Top One Percent, Top 100 U.S. Law Firms, The National Trial Lawyers Top 100 Trial Lawyers, The Million Dollar Advocates Forum, and received many more distinctions and awards.

Naples Car Accident Lawyers
Maximize The Value of your Case

At Trial Pro, we don't sit back, cross our fingers, and hope for our case to settle. Our Personal Injury Attorneys in Naples aggressively bring the fight to the insurance company. We'll leave no stone unturned in our effort to maximize the value of your case because we know that the only number that matters to you is the amount of money that you get in your pocket at the end. We fight for your harms, losses, pain, suffering, inability to enjoy life, disability, inconvenience, lost earnings, mental anguish, scarring, medical bills, and so much more. We understand how your injuries affect you and your family. We'll work hard for a fast recovery for you. But getting you the right money is much more important that just getting you fast money.

Tampa Car Accident Lawyers
We're NOT a Law Factory

While Trial Pro has the resources to fight the biggest companies, we're not a law factory and you're not "just another number." Our expert Personal Injury Attorneys in Tampa are much more than experienced, aggressive personal injury specialists. We're advocates for our clients in Tampa. We care deeply about you and your recovery, which is why the majority of our clients are referred to us by former clients, doctors, and other attorneys.

a

What Our Clients Say About Our Personal Injury Attorneys

Former Trial Pro, P.A. clients constantly testify of how happy they were when we resolved their case. This is our main priority – to go above and beyond their expectations. Yes, we measure our success by the number of court victories we’ve attained. However, we also measure effectiveness by our clients’ satisfaction and experience with Trial Pro, P.A. Most of them come from other firms feeling ignored and rejected. When they transfer over to us, we work hard to radically change their situation and win their litigation case.
If you are in one of these former clients’ shoes and find yourself strongly dissatisfied with your current car accident attorney or firm, we want to represent you!
Our injury attorneys are always happy to answer any questions you may have and inform you about the experience we provide.

a

I would definitely come back to Trial Pro, because I can't even tell you the great experience I had. The comfort and the sense of the putting me at peace is priceless.

Former Client

a

I never really felt uneducated, or out of the loop which was key for me because I wanted to know it was going the right way, and it was.

Former Client

a

When we switched over to Trial Pro, I felt as if my voice was heard. I felt as if the person who was taking care of my case really understood me, and understood my needs.

Former Client

a

The Trial Pro, P.A. reputable attorneys genuinely care about their clients. They don’t see them as just another number or face. Neither are they more interested in money than obtaining quality results. Our attorneys are honest, compassionate and work hard to go above and beyond expectations.

Former Client

a

I was hesitant to bring my case to an attorney. Trial Pro, P.A. showed me nothing but integrity and professionalism.

Former Client

a

Trial Pro, P.A. guided me carefully through my case and constantly kept me informed. I was astounded by the attorneys’ aggressive way of fighting.

Former Client

a

I’ve partnered with this reputable law firm for legal representation two times and both instances were victorious. Trial Pro P.A’s chief attorney, Piercy Stakelum, always took the time to sit with me and provide undivided attention.

Former Client

a

I didn’t have to wait on return phone calls. As soon as I left a message, they were waiting for me on the other line.

Former Client

a

All of the attorneys were truly attentive to my needs and the representation they provided surpassed my expectations. It was top-notch.

Former Client

a

At no point I felt nervous for no reason my attorney was there all the time to suppoert me. Thank You Trial Pro, P.A.

Former Client

a

The transition was beautiful! I didn't have to do anything just sign and Trial Pro took care of everything for me.

Former Client

a

When we switched over to Trial Pro, I felt as if my voice was heard. I felt as if the person who was taking care of my case really understood me, and understood my needs.

Former Client

Our main priority is our clients’ healing and recovery process. While you focus on getting better, we focus on achieving quality results and obtaining victory for your car or truck accident lawsuit. Our attorneys carry over 100+ years of collective legal experience and have represented thousands of clients. We’ve also acquired millions of dollars in compensation on their behalf.

a

Florida Personal Injury Lawyers with Best Results

A car accident can be scary and frustrating. When you experience a personal injury accident, the last thing you need on your plate is a law firm that can’t rightfully represent you. If your attorney’s firm is too small and consequently, it is getting pushed around, it’s time to reconsider your choice of legal representation. On the other hand, you do not want to have a fully loaded firm that is too busy to give you a call. The trial attorney’s at Trial Pro, P.A. carry credibility and reputation. We don’t ignore our clients or skip phone calls. Neither are we controlled by insurance companies.
Our law firm fights aggressively -- always determined to win your case.

Orlando

Personal Injury Attorneys

Tampa

Personal Injury Attorneys

Naples

Personal Injury Attorneys

Fort Myers

Personal Injury Attorneys

Brevard County

Personal Injury Attorneys

Melbourne

Personal Injury Attorneys
Fuel Your Knowledge!
Visit Our Personal Injury Law Blog and Follow Us on Social Media

Take a moment to look at our Trial Pro, P.A. blog and read about issues related to car accidents, truck accidents, workers’ comp, insurance, slip-and-fall, trip-and-fall and more. Our attorneys not only strive to professionally represent their clients in litigation, but they are also strongly committed to educate them. At Trial Pro, P.A., we don’t withhold our personal injury knowledge. We are more than happy to share it with you.

Read our Blog
Contact Us Now
Superior Service. Great Results.

When you need expert legal counsel for your case, turn to the firm that has more than a century of collective legal experience and insight. At Trial Pro, P.A., we have put that experience to good use, advocating for thousands of clients over the years. In that time, our team has obtained millions of dollars in verdicts and settlements. As seasoned Florida personal injury lawyers and wage and hour attorneys, we know how to handle a comprehensive range of legal matters.

24 Hours

Call For Free Consultation

800.874.2577

Hours: 24/7 All Year Round

Our Personal Injury Attorneys Have Been Recognized Numerous Times

Ever since 2001, the practice has held an exceedingly significant track record of successes. Every year, our reputable law firm is awarded for its impressive mark in the legal field. Trial Pro, P.A. has been recognized by Lawyers of Distinction, Florida Justice Association, Better Business Bureau (BBB) and more. Chief attorney Piercy Stakelum is a proud member of The National Trial Lawyers Top 100, an invitation-only organization compromised of highly regarded and credible lawyers. Trial Pro, P.A. has also been acknowledged by Super Lawyers. They recognize outstanding lawyers who have acquired exceptional professional achievement.

a

ATTORNEYS PROUDLY SERVING THE INJURED AND THEIR FAMILIES

Trial Pro, P.A. is a proud advocate for personal injury clients throughout the State of Florida. The DNA and foundation of our law firm is passion. While we are passionate about the law, we are even more zealous about fighting for those who have been hurt due to the negligence of others. Our trial attorneys fully embrace authenticity and integrity. With over 100+ years of collective legal experience, our reputable law firm has become a trusted choice for injured individuals. Trial Pro, P.A. has a remarkable reputation for winning. After experiencing a car accident, the last thing you desire is to have an attorney that doesn't know how to adequately represent you. You want a trustworthy and reliable law firm that will walk you through every step of your case. You want a group of attorneys that will pursue justice on your behalf and acquire the maximum compensation. At Trial Pro, P.A., we don't see you as just another case number on our list. We don't turn our backs on you half-way throughout the process. Our former clients can testify that they've truly experienced the Trial Pro, P.A. difference. Quite frankly, most of them have pursued our representation because of others that have recommended us. There are a handful of characteristics that distinguish us from other lawyers but our credibility is the best one amongst all.

Orlando Personal Injury Attorneya
Serious Representation

We put into action our knowledge and legal abilities to assist you, not only to attain a positive outcome, but ease the legal stress from your shoulders simultaneously. Trial Pro, P.A. holds a reputation for achieving real success for clients. Leave it to us to fight wisely but aggressively.

Unmatched Case Results

Expering a car accident can be frustrating and scary but our promises to you are fully authentic. Trial Pro, P.A.'s personal injury legal attorneys do not under-deliver. Instead, we do everything in our capabilities to go above and beyond your expectations.

Committed to Our Clients

You shouldn't have to beg for a call back from your attorney. You shouldn't have to beg for an update on your case. At Trial Pro, P.A., we don't operate in that manner. We constantly call our clients to give them updates on their claim. If we miss a call, we promise to always return it.

Compassionate In & Out of Court

Our objective is to enable our clients to relax and concentrate on healing, recognizing that the legal professionals at Trial Pro, P.A. holds the knowledge and resources to adequately tackle all the legal and financial specifics associated with their dispute.