In any court process, someone new to a courtroom hears terms that are not commonly used in daily life, except within the legal world. Two of these terms are “motion to dismiss” and “summary judgment.” Both terms refer to motions made by either the plaintiff’s legal representation or the defendant’s. In Westminster personal injury cases, the plaintiff is the injury victim, and the defendant is the negligent party responsible for the injury. Although both motions can bring a case abruptly to an end, the results of each motion are very different.
What Is a “Motion to Dismiss” In a Personal Injury Lawsuit?
Most personal injury claims are resolved through a settlement without ever going to court. However, when a claim becomes a lawsuit brought to court for a judge and jury to decide, it’s not uncommon for a defendant’s attorney to file a motion to dismiss at the beginning of the case. In a motion to dismiss, the defendant seeks to end the case before the trial begins and before the defendant files a formal answer to the plaintiff’s complaint. Our injury lawyers can help examine your case and determine the best course of action with a free consultation.
A motion to dismiss asks the court to dismiss the case rather than going to trial and lists one or more reasons that could justify a dismissal. This could be any of the following:
- There are not enough facts presented in the plaintiff’s complaint to adequately support their claim
- The court lacks jurisdiction either because it isn’t the proper court to hear the case or it doesn’t have the power to make a legal decision over the parties in the case; for instance, if the defendant was only in the state where the incident occurred for a brief stay
- The plaintiff has listed the wrong defendant in the case or has omitted another party
- The case has exceeded the state’s statute of limitations for personal injury lawsuits
- The venue is improper, or the case should be brought in another court
- There was a procedural mistake, such as the plaintiff did not serve the defendant with the papers properly
- The claim doesn’t list a measurable injury, a valid cause of action, or a means of relief
If the claim or claims listed in the motion to dismiss have supporting facts, the judge considers the motion and the plaintiff’s response to the motion. Depending on the facts and circumstances, a judge may agree to dismiss the case, with or without prejudice.
If they dismiss the case without prejudice, the court gives the plaintiff time to amend the mistake or omission listed in the motion so the case may move forward. If the judge dismisses the case with prejudice, it means the plaintiff’s case was so seriously flawed that it cannot be amended and is conclusively dismissed or closed.
What Is a Summary Judgment In a Personal Injury Lawsuit?”
A summary judgment is another pre-trial motion, but instead of seeking a dismissal of the case, the motion asks the court to issue a judgment without a trial. Either party can request a summary judgment. This motion requests that the judge decide the case without a jury based on either side’s claim that their case does not require a jury or trial. The motion must effectively demonstrate that there are no facts to support a dispute, or that even if the opposing party’s claims are true, the law supports the other side’s position, making a trial unnecessary.
A judge will not agree to one side’s summary judgment request if there are underlying facts in dispute between both sides’ versions of what happened, making it reasonable for a jury to decide after hearing both sides present their cases.
Both Legal Motions Can End the Case, But With Opposite Results
While a motion to dismiss can officially end the case by preventing the court from hearing it, a summary judgment ends the case by deeming a trial unnecessary because an indisputable fact of law means the judge can decide the case conclusively based on that fact alone.