Most people know that a “judgment” is a final court decision, often at the end of a trial. A “summary judgment,” however, occurs before a case goes to trial. If no material facts are open to dispute, a judge may enter a summary judgment to end the lawsuit without a trial or decide specific matters before a trial.
This post covers everything you need to know about summary judgments, including what they are, when they apply to accident lawsuits, and how they are decided.
What Is a Summary Judgment?
A summary judgment is a decision a judge makes before a trial. In civil cases, either the plaintiff or the defendant can bring a motion for summary judgment. No trial will occur if the court grants summary judgment on all claims. This saves time, money, and resources.
Courts can also grant partial summary judgment. This may mean that a judge rules on some claims but leaves others for a trial. It may also mean that the judge deems the defendant liable but allows a trial to determine compensation.
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When Is a Summary Judgment Appropriate?
Summary judgments are appropriate when there are no real disagreements about material facts. If a judge agrees that the other party cannot reasonably dispute the facts, they will enter a judgment as a matter of law. Under federal court rules, either party may file a motion for summary judgment until 30 days after discovery ends. Local rules and court orders can set different timelines.
Discovery is the process of investigating the facts and exchanging information with the other party in preparation of a lawsuit. It may include reviewing documents, taking depositions, asking the other side questions, and hiring expert witnesses. If one party discovers facts they believe are indisputable, they may move for a summary judgment.
How Do Summary Judgments Apply in Personal Injury Cases?
You may picture summary judgments as mainly occurring in criminal trials. However, civil lawsuits can also end in summary judgments when the facts of the case are indisputable.
Examples of summary judgments in personal injury cases include the following:
Car Accidents
While investigating a car accident case, a personal injury lawyer may uncover video footage of the defendant running a stop sign and crashing into the plaintiff. In that case, the defendant would not be able to reasonably dispute that particular fact so that a judge may grant the motion for summary judgment.
Trips and Falls
A member sues their gym after tripping over a “wet floor” caution sign and breaking her arm. However, she previously signed a waiver and release of liability agreement. The accident attorney for the defendant may file a motion for summary judgment stating that the waiver and release of liability bar the plaintiff from bringing a legal claim against the gym.
Drug Injuries
If a plaintiff claimed to be harmed by medication but had no real evidence to show their injury, the defendant’s attorney may file a summary judgment motion. Without proof of injury, the plaintiff has insufficient evidence to bring a claim in front of a jury or a judge.
Medical Malpractice
In medical malpractice suits, courts determine liability not on the outcome of the medical procedure but on whether healthcare professionals follow the applicable standard of care. The defendant could make a motion for summary judgment, supplying an affidavit by a medical expert indicating that the physician did not depart from the standard of care.
The plaintiff may oppose the motion with their own expert affidavit. If the judge believes the affidavit is reason enough to dismiss the lawsuit, they may issue a summary judgment; otherwise, the trial will proceed.
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How Do Courts Rule on Summary Judgments?
One party may motion for summary judgment, but the other side may oppose it. The opposing party can contest the motion on several grounds:
- The motion fails to list specifics: The opposing attorney may argue that the motion is generic and makes little or no mention of the facts of the case.
- Dispute exists on a material fact: The opposing attorney can show a disagreement on relevant facts in the case record or by filing an affidavit to show the facts.
- Discovery is incomplete: The attorney could argue that, when completed, discovery could raise an issue of disputed material fact.
- The law doesn’t support it: Even if the facts are undisputed, the lawyer could argue that the law doesn’t support a judgment.
- An affirmative defense remains viable: Affirmative defenses present evidence that negates liability. They are not denials but provide legal reasons the other party should not win. The attorney could argue that affirmative defenses remain to be decided.
The judge may order a hearing to allow each side’s lawyers to argue their case. The judge will review the documentation, listen to the arguments, and make a ruling. If the non-moving party fails to respond to a motion for summary judgment, the court will automatically rule in favor of the moving party.
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How Does a Summary Judgment Differ from a Motion To Dismiss?
Like a motion for summary judgment, a motion to dismiss may end the case before trial begins. However, there are several differences between the two pre-trial motions:
- Motions to dismiss are often filed early in the case, while motions for summary judgment are often filed after the completion of discovery.
- Motions to dismiss focus on the allegations in the initial complaint, while motions for summary judgment focus on evidence.
- Motions for summary judgment typically prevent a party from litigating the claim again, while motions for dismissal don’t necessarily.
- Motions to dismiss claim that the grounds for the lawsuit are legally insufficient, while motions for summary judgment claim that the evidence in the case is indisputable.
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If you have more questions about summary judgments or any other personal injury matter, call (844) 343-9609 for a free consultation with an experienced accident lawyer.
For a free consultation, call 844-343-9609