Many Buffalo personal injury lawsuits involve one or more issues that are clear cut. As examples, when a car accident involves a rear end collision, it is very rare that the rearmost driver can offer a reasonable excuse for not stopping in time. Or the medical record may establish that an injury was definitely caused by the accident. When a personal injury attorney believes an issue cannot reasonably be disputed, he or she may bring a motion for summary judgment regarding that issue.
A motion for summary judgment puts the facts regarding the issue in question before the court. The party making the motion submits the relevant facts, law, and supporting documentation to the court. The other party is then allowed to respond with any evidence it may have that it believes refutes the claim that the matter is beyond reasonable dispute. Once the judge has heard both sides of the argument, he or she will decide if there is any possibility that reasonably people would differ regarding the conclusions to be drawn from the evidence. If the judge finds that reasonable people could not differ, he or she will grant summary judgment on that issue.
This can limit the issues that need to be addressed at trial. The judge may, for example, determine that the defendant was negligent in causing the accident as a matter of law. As a result, this issue would not have to be tried. Instead, the issues at a personal injury trial would be limited to whether the accident actually caused the plaintiff’s injuries and the degree of those injuries.
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