Personal injury trials are designed to sort out the facts in a dispute between two parties. There often are many things in dispute, including who is responsible, what damage actually occurred, and how much compensation should be given for that damage. But what if the facts really aren't that much in dispute? Then a summary judgment speeds up the process.
What is a summary judgment? And what should you do if you're on either side? Here's what you need to know.
What Is a Summary Judgment?
A summary judgment is a judgment made by a judge without going to full trial. They make such a judgment because the facts of the case are indisputable. For example, consider a car accident in which you were hit by a driver who was texting. They argue that they were not texting, even though there is camera footage showing them doing so. You may request that the judge issue a judgment because the video is undeniable.
How Do You Request Summary Judgment?
Whichever side of the trial you're on, you may make a motion for summary judgment. This is done by drafting a motion (which is the request) along with a memorandum that spells out why the facts are not in dispute. Your lawyer — with or without you — then presents your motion in person during a hearing before the judge. The judge may rule immediately or respond at a later date.
What If You Disagree About the Facts?
When a party files a motion for summary judgment, the other side is given a period of time in which to respond. To dispute their version of the facts, you may present your own evidence as to why the facts really are in dispute.
For instance, in the accident above, perhaps you were the one accused of texting while driving. But the video footage is grainy and indistinct. The plaintiff may try to use a summary judgment to claim that it's a fact that you were texting. You may counter this by having your lawyer present evidence showing how it can be interpreted another way. This would then need to be settled by a jury.
Where Should You Start?
Could a summary judgment save you time and money in your personal injury trial? Has your opponent at law filed such a motion in court? Find out how to proceed by meeting with a personal injury lawyer in your state today.
