Winning a Personal Injury Case Before the Trial Begins
In New York State, a motion for summary judgment asks the court to find a party should win part or all of the case as a matter of law. Instead of waiting for the trial and taking a chance that a jury will decide against you, the court can decide that you win. These motions for summary judgment are made by experienced lawyers who understand their importance and know what evidence and arguments need to be made to win. Motor vehicle accidents often have facts that warrant making a motion for summary judgment. When there is an auto accident involving a vehicle being struck in the rear by another vehicle, a court can decide that the striking vehicle is at fault as a matter of law for not keeping a safe distance, not properly applying the brakes, and not keeping a proper lookout. For an auto case, once summary judgment is granted the only issues remaining for trial will be whether the person sustained a serious injury as defined under the law and what amount of money should be awarded. Further, the plaintiff will be entitled to 9 percent interest on the damages award, accruing from the date summary judgment was granted until the date a jury returns a verdict, and continuing until the award is paid. Motions for summary judgment are also often made in construction accident cases involving height related accidents. These motions are usually made after the depositions of the parties are taken. For example, if a construction worker fell from a scaffold and was not provided a safety harness, the court can find as a matter of law that the defendant building owner and general contractor failed to provide proper safety devices pursuant to the New York State Labor Law, Section 240. Once a motion for summary judgment is won in a construction case, then the only issue for trial is the amount of money a jury will award. Once again, interest will accrue at 9 percent from the date of the judgment until the verdict, and then continuing until payment. At BBNR, we have been making and winning these motions for decades. We understand when these motions should be made, and what evidence needs to be submitted to win these motions. While there is no gurantee as the facts differ in each case, an injured plaintiff will feel more confident knowing that his case is being handled by an experienced personal injury law firm with a proven record of winning these motions. Some of the actual court decisions won for our clients are posted on our website, bbnrlaw.com. If you or someone you know has been injured in an accident, call the experienced law firm of BBNR, A law firm you can trust.