Personal injury claims can lead to complex and lengthy legal processes. This is especially true when you don’t have the best legal resources at your side.
Personal injury cases involve many steps needed to achieve the outcome you want. Summary judgments are an important part of this process and can impact the compensation you receive.
The following helps you understand the role of summary judgments so that you get compensated for your injuries and other damages.
What is a Summary Judgment?
A summary judgment is a motion (request) made to the courts to resolve key points in a case without having to take the case to trial.
Issues that are resolved through summary judgments include the total damages that occurred, liability, and other factors related to personal injury cases.
A summary judgment may also be applied in order to resolve your claim entirely. But the part requesting the summary judgment must demonstrate that the facts related to the case can’t be disputed.
This prevents certain issues from having to go before a judge or jury and saves time, money, and other resources that would otherwise be used when resolving them through a trial.
Your attorney will help you obtain a summary judgment by gathering any evidence that supports your motion. This includes physical evidence, police reports, witness testimony, medical records, and others.
Opposing a Summary Judgment
You may need to oppose another party’s motion for a summary judgment. In this case, the evidence you submit must demonstrate that a judge and jury would decide in favor of your case.
Your attorney may also argue that because there is still outstanding information to gather such as depositions and discovery.
This increases the likelihood that there may be evidence that supports your case and deems the motion for a summary judgment premature.
Opposing a motion for a summary judgment may result in the moving party’s reply to your opposition.
Also, if you fail to respond to a motion for a summary judgment, it will automatically be granted in favor of the other party.
How to Get the Compensation You Need in a Personal Injury Case
Your personal injury attorney can help you file a motion for a summary judgment or oppose a motion made by the other party.
All evidence must be submitted and reviewed by both parties during the discovery process to determine whether a summary judgment should be granted.
If the evidence shown can’t be supported by the law, then the moving party is granted the summary judgment. Failure to obtain a summary judgment forces the issue to be resolved through a trial.
In order to get the outcome (and compensation) you want in a personal injury case, you need to document all of the facts related to your claim.
The evidence you have will determine the likelihood of being granted a motion for summary judgment or opposing a motion from the other party.
There are legal rules you need to consider. Your attorney can help you gather medical records, contact insurance providers, and correctly file the legal paperwork required in your case.
Summary judgments let you resolve a number of issues related to a personal injury case. They may also be used to avoid a trial altogether.
A summary judgment may work for you or against you depending on the circumstances of your case. Consulting with a skilled personal injury attorney helps you choose the best legal strategy for getting the compensation you deserve.
