Many Buffalo personal injury lawsuits are settled without ever having to go to trial. While such cases are often settled through negotiations with the opposing party, it is possible for a court to rule that there is no defense to the case. This requires the injured party to submit a motion for summary judgment to the court.
A motion for summary judgment must contain all the information necessary for the court to reach a determination that there is no defense. As a result, the personal injury attorney submitting such a motion on your behalf must include proof in legally admissible form that any defense has no merit. This proof would typically include statements taken from the parties during depositions or written admissions.
The defense is granted the opportunity to respond to this motion, and, if they are able to submit sufficient facts refuting the injured party’s claims, a trial will still be necessary. If they cannot, however, the court may rule that that the injured party has proven the defendant’s liability without having to resort to a trial.
Even when a plaintiff proves the defendant’s liability on a motion for summary judgment, they still must prove damages. This may require a trial on the issue of damages only. Because the defendant has been proven at fault, however, such a trial frequently may be avoided as the defense will wish to settle the case without being exposed to the risk of a jury setting the damages higher than expected.
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