Resolution Before Trial: Court Motions
Resolution Before Trial: Court Motions
In some cases, a motorcycle accident case can be resolved before it even goes to trial—and in some cases, even before the process of Discovery. The skilled personal injury attorney team at California Legal Group is experienced in handling what are known as Dispositive Motions; these are pretrial Court Motionsthat request a ruling, ending the case without the need for a lengthy and expensive trial process. In this section, you will find out more about the basic forms of Dispositive Motions, and the effect that they can have on your motorcycle accident case. If you or a loved on has been in a Southern California motorcycle accident and are in need of an experienced personal injury attorney, contact us the California Attorney Group today at (866) 650-0505.
Basic Types of “Dispositive” Motions in a Southern California Motorcycle Accident Case
As a plaintiff, when your California Motorcycle Accident attorney requests a ruling with a Court Motion, he may request a Summary Judgment Motion or a Motion for Default Judgment. A third kind of Motion, a Motion to Dismiss, would be handled by the defendant’s personal injury attorney, in an attempt to end or delay the case in their favor. As the victim of a Los Angeles, Lake Elsinore or other Riverside area motorcycle accident, you will be pursuing damages, and will be in the position of plaintiff, seeking awards from the defendant. So your California Attorney Group personal injury attorney will most likely not pursue a Motion to Dismiss.If are pursuing damages and are looking for top quality legal representation, contact the California Attorney Group at (866) 650-0505.
A Summary Judgment Motion is taken after initial papers are drawn and filed. If the facts in a case, as outlined in your California Attorney Group attorney’s Complaint, are not disputed and are in your favor, expect your attorney to file this motion. Since there is no need to have a judge or jury decide the undisputed facts, then a judge or jury should not have to go over the case, and your motorcycle accident case will not need to go to trial. Your personal injury attorney will request a ruling, and the court will decide if they will carry the motion.
If the circumstances call for it, your California Attorney Group personal injury lawyer can seek to resolve your motorcycle accident case before trial by filing a Motion for Default Judgment. If the defendant in your case has not answered your attorney’s Complaint, or otherwise acknowledged the litigation, then your attorney can ask that the defendant be placed “in default.” If the defendant does not respond after this, or cannot provide an excuse for their failure to answer your litigation, then they will not be able to contest their liability in your case. The only thing left at this point is for the court to decide the amount in damages that will be awarded to you for your motorcycle accident injuries.
Less important for your understanding of a personal injury litigation are the various types of Motions to Dismiss which can be filed by the defendant. “Lack of Subject Matter Jurisdiction,” “Lack of Personal Jurisdiction,” “Improper Venue” and “Insufficiency of Process or Insufficient Service of Process” are all motions the defendant can file against your personal injury attorney’s Complaint if your attorney is inexperienced in handling motorcycle accident litigation. If you or a loved one has suffered due to a recent Los Angeles or Riverside motorcycle accident, make sure you hire an attorney who understands the complexity of personal injury litigation. For top-notch service backed by years of success, call our California Attorney Group legal team today at (866) 650-0505, or find us on the web at CaMotorcycleAttorney.com.
