Some victims of personal injury hesitate to pursue a lawsuit for the damages they deserve because they fear a long, costly trial. But there are many routes to success in personal injury cases. One of these may be a summary judgement. What is a summary judgement? How can it work for or even against your case? And where can you get help asking for one? Here's what every victim needs to know.
What Is a Summary Judgement?
In the U.S. legal system, filing a lawsuit is designed to be relatively simple so that there are fewer barriers to getting justice for everyone. But this also means that there is a real danger that a baseless court case could make it all the way to a jury trial. To help prevent this waste of time and money, both parties generally have the right to request the judge to rule on whether there really is a legitimate issue to resolve.
This request, called a motion for summary judgement, argues that the judge should rule for the side of the requestor based on finding that there are no material facts that can be disputed.
How Can a Summary Judgement Help You?
Because it avoids a lengthy formal trial process, a summary judgement can help injury victims who have a very good case.
For instance, consider that you are a pedestrian who was hit by a car whose driver is denying responsibility. If there is traffic camera video footage of the car hitting you, the judge may agree that there are no serious, material facts that can be disputed. They may rule for you in summary judgement. Your trial journey largely ends.
How Can a Summary Judgement Harm You?
Of course, the opportunity to move for a summary judgement is equally open to the defendant in your lawsuit. If the traffic camera video instead shows you falling over and the car is not involved, they could ask for a summary judgement for their side.
More often, the defendant will attempt to counter your request for a summary judgement. If there is no traffic camera video and you present an eyewitness testimony instead, the defendant may put forth their own witness to refute that person's testimony. In this case, a summary judgement would be unlikely because there are material facts still in dispute.
Where Can You Learn More?
If you believe that a summary judgement could be an effective tool in your case — or if you're concerned that the defendant will try to use it — start by learning more about summary judgement law and precedent in your state.
Contact a personal injury lawyer for more information.
Share10 October 2022
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