If your auto accident case goes to trial because you were unable to reach a fair settlement with the liable party, there's a chance the defendant will file a motion for summary judgment. Essentially, the defendant wants the court to rule on the case without going through the trial process. Here are two things you can do to prevent this from occurring.
Present Evidence the Facts Are in Dispute
In a motion for summary judgment, the defendant will claim the facts of the case (or an aspect of the case) are not in dispute, meaning that both sides will largely tell the same story in court. Because of that, the defendant will argue a trial is unnecessary and that the court should render a judgment in their favor for the reasons they list in the motion.
However, there's a good chance the defendant's version of the story doesn't quite match yours. If that's the case, you can get the motion thrown out by showing—with evidence—there are significant differences between your accounts of the incident, which indicates a trial is needed to iron out just which version is closest to the truth.
The defendant may use a lot of legalese to obfuscate the facts and confuse you, so it's a good idea to work with an attorney on this issue. The lawyer can translate the motion and help you put together the necessary proof to counter the defendant's claims and ensure the case goes to trial.
Show the Motion Was Filed in Bad Faith
A strategy some defendants employ is to file a series of motions with the court as a way of drawing out the proceedings. They do this with the hope you will be forced to end your case because you run out of time, money, patience, or all three.
If you feel the defendant filed a motion for summary judgment as a delay tactic, showing the person is acting in bad faith will get the motion thrown out. For instance, the defendant may have filed a motion for summary judgment that was subsequently rejected by the court. They then file a second one but don't present any new arguments for why the court should rule in their favor. You could argue that the defendant is trying to impede the proceedings by filing a motion they knew they wouldn't win.
Showing bad faith can be challenging, though, so you should consult with an attorney about all the elements required to prove your case. The lawyer can help you evaluate the defendant's actions and pull together a response that may sway the court to your side.
Contact a car accident lawyer for more information.
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