What Is A Summary Judgment?

When cases go to trial, it is no secret that the opposing parties involved in the proceedings usually do not agree with one another. It all boils down to your word versus theirs and, of course, whatever the evidence from the accident proves. However, sometimes a plaintiff and defendant do actually agree on certain facts regarding the case and there is no genuine dispute to be had. Similarly, in other cases, the evidence is so overwhelming that there’s no room for any dispute. In these situations, a motion for a summary judgment may be made.

When the facts of the case are not disputed by the plaintiff and defendant, it makes it almost purposeless to take the issue to trial. It changes the scope of the lawsuit greatly. When the facts are not disputed, a “movant” can proceed forward with a summary judgment motion. This is typically either the plaintiff or the defendant. Regardless of who files the motion for the summary judgment, this person will be required to prove a few things for the motion to be successful–if the movement is granted at all.

Read on to learn how summary judgments work within personal injury law, especially if you are involved with a civil lawsuit at the moment. Our team of Washington car accident attorneys can help, and will stop at nothing to get you the best possible outcome for your personal injury cases.

What Must A Movant Prove For A Summary Judgment?

If a plaintiff or defendant acting as a movant is granted a summary judgment, they will have to prove a few things. The party seeking summary judgment must prove that there either isn't material fact that could reasonably be disputed in this particular case, or that because of these undisputed facts, the movant is eligible to summary judgment under the law.

This may seem confusing for those who do not have specific legal expertise in this field. For example, if two people are involved in a car accident, one might assume that one ran through a stop sign and therefore caused the car crash to occur. Let’s say, in this instance, security camera footage proves that one person did in fact run through the stop sign, and hit the other car involved. The person who got hit could then file for a summary judgment because, due to the clarity of the evidence, it can not be held that the party opposing the claim did not run the stop sign or hit the car.

If a summary judgment is relevant to your case, the right lawyer will provide you with advice and the best possible steps to take to move forward successfully with your accident case.

What Happens When A Summary Judgment Is Granted?

After the motion for summary judgment is made, it remains to be seen if the summary judgment is actually granted. If the summary judgment is granted, this might actually end the civil suit before it even has to go to trial before a judge. It's also important to note that in some cases partial summary judgment may also be granted. In this situation the judge will rule on some claims while other claims will still need a full trial.

The trial can be concluded at this point, since there is no reason to go to trial if either both parties agree, or the evidence is so strong that nothing can be disputed.

Luckily, if the summary judgment is granted, you do not have to deal with the stresses of trial or the headache of the litigation proceedings. If it’s applicable in your car, truck or motorcycle accident to file for a summary judgment, our lawyers will advise you to.

This is one of the many reasons why it is incredibly important that you schedule a free consultation with a Washington accident lawyer following a car accident, or any other type of personal injury.

With the right direction and legal advice, you can walk away from your car accident case with everything you need to get your life back.

How Much Is A Consultation With A Car Accident Lawyer In Washington?

Not all car accident and personal injury lawyers in Washington offer a free consultation to those in need. But, at Church and Page, we never charge for your initial case evaluation. Our hardworking accident attorneys are just a phone call away, and will stop at nothing to get you the compensation you deserve after a car accident.

In your free initial case evaluation, we’ll listen attentively to the details of your unique accident case, listen to how you were hurt, and provide you with advice moving forward. We will investigate your incident in order to identify all possible witnesses, all law enforcement investigations, and all insurance coverage available. We even work with your medical providers to verify medical expenses and confirm that all the treatment you have received because of your injury is properly considered by the insurance companies, and work with your employer to obtain all documentation needed to prove your claim for lost wages.