What if the other party believes I am exaggerating my claim in a construction accident case?
When other parties believe a claimant is exaggerating their claim in a construction accident case in Arkansas, they have a few options for moving forward. First, they can file a motion to dismiss the case or motion for summary judgment. In order to gain dismissal or summary judgment, the other party must show the court that there is no dispute as to any material facts in the case. If the other party is successful, the court will either dismiss the case or enter summary judgment in favor of the other party. If the other party does not file for dismissal or summary judgment, they can file a motion to introduce evidence. This motion should include any evidence that the other party believes will show that the plaintiff is exaggerating their claim. Such evidence might include witness statements, photographs, or any other pertinent documents. The other party also has the option of cross-examining the plaintiff on the stand. During cross-examination, the other party may ask questions in order to show that the plaintiff is exaggerating or falsifying their claim. If the other party is successful, the court may reduce the amount of damages awarded to the plaintiff. Finally, after a ruling has been issued but before the case is closed, the other party may file a motion to set aside the verdict or judgment. Again, the other party must show that there are material facts in the case that were not properly considered by the court when making its ruling. If the motion is successful, the court may either alter its ruling or order a new trial.
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