One of the more challenging scenarios that you can face in a personal injury suit is when the defendant appears to be stalling. Perhaps, he or she waits until each deadline to respond to your demand letters, or unnecessarily files motions for dismissal with the court. Fortunately, your own personal injury attorney can file a summary judgment — a legal request that can help move things along quickly. Your attorney will only file a summary judgment when he or she believes that the case is impeccably strong, and going to trial would be unnecessary. Here are some details of your case that may prompt your attorney to file this judgment.
You Have Clear Video Evidence
Few things have the ability to boost the integrity of a personal injury case to the same degree as video evidence — and even more so if the video was captured in good lighting conditions with a high-definition security camera. Your attorney may believe that the footage on its own shows everything about your accident and clearly indicates that the defendant was negligent in the accident. The attorney may file a summary judgment in this scenario because he or she feels that the defendant cannot refute what's on the recording.
The Defendant Has Admitted Culpability
Although people will often stop short of admitting that they played a role in another person's injury, this isn't always the case. You may have evidence of the other party admitting wrongdoing. For example, in a dog bite case, the dog's owner might have sent you a text message in which he or she apologized for the incident with a phrase such as, "I'm really sorry that my dog bit you when you walked past my house. I will make sure it's tied up from now on." This is a prime scenario for a summary judgment because the defendant has clearly admitted negligence.
Multiple Credible Witnesses Have Sworn To Statements
Your attorney may believe that your personal injury case is rock solid when there are multiple credible witnesses who were on the scene at the time of your accident and have sworn to written statements about what happened. Even one strong witness can be a difference maker in a personal injury case, but a number of people who are supporting your claim can make your attorney feel as though the defendant has no argument against you, thus making a summary judgment worthwhile.
For additional information, reach out to personal injury law firms likes the Law Offices of Timothy L Lapointe PC.Share