Estoppel legal definition: The function of Estoppel is to prevent someone (i.e.: a plaintiff or defendant) from claiming something during court proceedings that contradicts either a previous statement or something already proven to be true. An estoppel may be requested by either the plaintiff or defendant in a case.
An estoppel may be requested because:
A plaintiff or defendant utilized previous testimony and/or court decisions to substantiate their claim
They’ve made strategic decisions based on a set of previously established facts
It prevents the court from having to rule on the same issue multiple times
There are two types of estoppel:
Non-Mutual Defensive Collateral Estoppel
Non-mutual defensive collateral estoppel is when a defendant attempts to prevent a plaintiff in their case from re-litigating an issue previously decided against the them in another lawsuit against another party.
Non-Mutual Offensive Collateral Estoppel
Non-mutual offensive collateral estoppel is when a plaintiff attempts to prevent a defendant from re-litigating an issue that was previously decided against them in another lawsuit against another party.
Requesting an estoppel is a procedural part of your personal injury case that is best navigated with the help of an experienced attorney.
“If someone has a serious case, they will get a great effort and a great outcome working with us,” award-winning attorney Victor Pribanic of Pribanic & Pribanic told Best Lawyers Magazine.