My Personal Injury Attorney Thinks We Should Make A Motion For Summary Judgment. What Does That Mean?

by Friedman & Ranzenhofer, PC on January 7, 2010

in Buffalo Injury Questions and Answers

It usually means that your personal injury attorney thinks that you have a good case.  A motion for summary judgment is a formal request to the judge handling your case, such as an Erie County Supreme Court judge in a case arising from an injury in Buffalo, to find that there are no disputable issues of fact in your case and, as a result, a trial is not necessary for the court to find that the other party is responsible for your injuries. 

To make this motion, your personal injury lawyer will send documentation to the judge that he or she believes establishes either that there is no defense to the cause of action or that any defense raised by the other party has no merit.  The other party will have the opportunity to respond to the motion before the judge makes any decision.  If it is determined that there are no issues in the case that can reasonably be disputed, the judge may grant the motion and rule that your case has been proved without resorting to a trial.

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