The Different Types of Motions in Personal Injury Cases
Over 90 percent of all personal injury lawsuits settle out of court. That said, some cases will make it to litigation and the most common reason being that the insurance company out of bad faith lowballs your settlement demand due to bad faith or their misguided belief that they don’t think that your personal injury lawsuit and your injuries are commensurate with what you are looking to recover. Personal injury lawsuits that go the litigation route usually have to pass through what’s called legal motions which are legal requests filed by either party for a certain purpose or to compel the other party to act in a certain manner or produce documentation. Motions can run the gamut, and attorneys may use them as a bargaining tool or to buy more time so they can re-strategize before jumping back into litigation. All in all, it is important to know about some of these motions so you as plaintiff are not blindsided by the legal process.
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Let’s take a look at some of the most common motions:
Motion for Summary Disposition:
This usually occurs during the pre-trial phase, and it is filed by the defendant’s legal team asking the court to decide the case at once. This usually happens when the other party believes that you have no legal merit for a case, and that you disagree with them regarding the facts around the case. This motion is typically filed when the other party strongly believes that the law is rightfully on their side.
Motion to Compel
This is usually filed when your attorneys are deep in the process of discovery and questions are being sent by either side so that they are answered in order to flesh out a defense or coherent legal argument. Sometimes, a party may fail to answer these questions and thus not send the documents back because of various reasons such as feeling that the questions are invasive or irrelevant. In such instances, an attorney may file a motion to ask that these questions be answered by an order typically issued by a judge.
Experienced Personal Injury Lawyers – Call Us Now!
There are so many motions that may be filed with regard to a personal injury lawsuit that it may be impossible to list them in one post. As you can see, litigation can be time-consuming and tedious. However, with the right personal injury law firm on your side, you’ll be able to breeze through the process while being provided with timely updates and coaching by your injury attorney. Need legal help on a personal injury claim? Call us NOW at (773) 825-3547 to learn more. Thanks, and we look forward to helping you.