Okay you have decided to roll the dice and file an injury case for what you have went through because of the car accident.
There are a couple things you have to do to get $$ for your injury claim.
1st you have to show legally that someone else is at fault.
That is called liability.
2nd you have to show that you are injured from the other person’s negligence.
That is called damages.
How can you at least lock in the 1st prong which is the liability part of the case?
One way you can do it is by filing a motion for summary judgment.
That is just legalese for saying that the other person caused the accident.
The judge has to rule that way for you.
Usually this happens in a rear ender auto accident.
The way this works is that BEFORE the trial even begins you get the judge to rule that legally the defendant was negligent.
The value of that is that the defendant cannot then argue in front of the jury that you stopped too fast or it was somehow your fault.
If a summary judgment motion is not filed before trial, then you have to show both prongs of the test in order to recover.
But if the judge has ruled the defendant is negligent in the motion for summary judgment BEFORE trial then it’s just a question of how much $$ damages you are entitled to at trial.
Does that make sense to you?
Pittsburgh auto accident attorney Bernie Tully believes that anything you can do to simplify the case for the jury is going to work to your advantage.
A motion for summary judgment takes away one of the elements you need to show at trial.
It might also cause the defense to offer you additional $$ for your injuries.
Why?
Because they know that they cannot avoid responsibility for causing the accident.
If you like the way I approach car accident and slip and fall cases, why not call Pittsburgh car accident and slip and fall attorney Bernie Tully today at 412-281 8700.
Thanks for reading.
And go Penguins and Pirates!
Bernie Tully