What Is a Motion for Summary Judgment in a Personal Injury Case?
There are various ways that you could avoid a personal injury trial entirely, including a motion for summary judgment. The Riverside personal injury lawyers at Heiting & Irwin could use their professional judgment to help you determine the most effective legal tactics in your case.
Rules of civil procedure allow either party to file a motion for summary judgment. A judge could grant a motion for summary judgment if the material facts in the case are not in dispute.
Learn more about whether you may have a potential claim for compensation when you have been injured by someone else’s carelessness by speaking to the personal injury attorneys at Heiting & Irwin. We take an aggressive yet practical approach to helping our clients seek money for their injuries.
You May Not Need to Go Through With a Personal Injury Trial
Your personal injury attorney can give you legal advice about the most effective way to seek compensation for your injuries. In some cases, it may make sense for you to file a lawsuit. There are numerous off-ramps during the course of litigation before the case reaches a jury. While a settlement is the most common result, your personal injury attorney or the insurance company’s lawyer could file a motion for summary judgment that could lead to a ruling before trial. This could potentially end the case without a trial.
How Does a Motion for Summary Judgment Work?
To understand how a motion for summary judgment works, you need to know the role that a jury would play in your trial. The jury has three roles in a personal injury case:
- They act as the finder of facts, hearing evidence and making their determinations about what happened in your case
- They apply the facts to the law to determine whether you have proven your case
- They determine the amount of damages that you would receive
If a motion results in a partial judgment, a jury would only need to determine facts that are still in dispute between the two parties. Both you and the defendant could be telling your own story about what happened in your accident, and the jury would need to decide whether you have met your burden of proof.
There are times when the key facts in your case that could determine liability are not a matter of dispute. You may have already established certain facts that could be applied to the law to decide whether someone else should be held legally accountable. Then, a jury may not even need to determine who is right. A motion for summary judgment asks the judge to rule on your case on the basis of material facts that are not in dispute. If the judge decides that the material facts in your case are already established, there would be no opportunity for the jury to make their own findings. The judge rules on your case, applying the facts that are not in dispute to the law: but a judge could only issue a summary judgment if the material facts are not in dispute.
When Would I File a Motion for Summary Judgment
Documentary evidence, as well as deposition testimony, could establish the key facts in the case. You would only file a motion for summary judgment if the key facts would enable the judge to make a decision and are not in dispute.
Contact a Riverside Personal Injury Law Firm Today
You can learn more about your legal options in a personal injury case by scheduling a free initial consultation with the attorneys at Heiting & Irwin. You can speak with one of our Riverside personal injury lawyers by calling us today at (951) 682-6400, or contact us here.
