When you file a Boca Raton car crash claim, the insurance company may dispute or reject your claim. You then have the option of filing a lawsuit against the at-fault party, or the at-fault party’s insurer. Once a lawsuit is filed, your claim goes into the legal domain where a judge and the jury may pronounce a decision on it. It is imperative that you get sound legal help from a Boca Raton car accident lawyer when filing the claim.
The litigation surrounding a personal injury lawsuit can be complicated. There are also a number of factors and options that need to be considered. Some of these give you an advantage as the plaintiff in the personal injury case while others may put you at a disadvantage.
One of the things you may want to consider when filing a lawsuit for car crash damages is a summary judgment. Here is a look at what it is and how it may relate to your claim as a crash victim.
What is a Summary Judgment?
The motion for summary judgment is a type of legal motion. You can seek this motion as the plaintiff in a car crash claim whereas the other party as the defendant can also seek a summary judgment. A summary judgment essentially requests the judge that a decision be made on the case without the case going to trial.
The party that requests the motion is known as the ‘movant.’ If a motion for summary judgment is granted, a quick decision is reached on your car crash case.
When is a Summary Judgment Sought?
A summary judgment can be sought when the basic facts of the case are undisputed and accepted by both the plaintiff and the defendant. The movant can then ask the judge to make a decision without taking the case to trial as the basic facts are agreed upon. Depending on what facts both parties agree upon, the judge may then pronounce a decision on some or all aspects of the lawsuit.
It is important that the facts on which you base your motion for summary judgment must be undisputed. For instance, if a driver was operating a vehicle in the wrong lane and caused a crash, there must be overwhelming evidence to prove that the driver was in the wrong lane.
The at-fault driver may try to dispute other facts but can’t dispute the fact that he or she was traveling in the wrong lane. You can use this undisputed fact to seek a summary judgment.
In general, a summary judgment can be sought to resolve the issue of liability when there is clear evidence to show who was liable in the crash.
How to File a Motion for a Summary Judgment?
When filing a motion for summary judgment, you need to provide the relevant evidence that you would have presented to the jury had the case gone to trial. An example of relevant evidence is a copy of a police report.
You can’t just request a copy of the report and then present it to the judge in support of your motion for a summary judgment. Instead, you will first need to have the report certified by the police officer who wrote it, or by the relevant police department.
The certification will confirm that the report was created in the ordinary course of business. An affidavit from the department or a police officer may also be needed alongside the certified copy of the report.
In this way, any evidence or testimony you present in support of your request for summary judgment must be properly supported.
After the Summary Judgment
As noted above, a summary judgment may not resolve all the aspects of your car crash case. It may settle the issue of liability but the judge will let you negotiate the amount of damages with the at-fault party. So it may still take some time before you can get damages for your crash-related losses. A lawyer can also help you through this stage of negotiating a fair amount of compensation.
Hiring a Reliable Boca Raton Car Accident Lawyer
If you have suffered losses in a Boca Raton crash, we can help you. Here at Englander Peebles, our lawyers work with you to seek the maximum amount of compensation from the at-fault party. We also help you in filing a lawsuit and seeking a summary judgment if the facts of the case allow. Contact us today to discuss your Boca Raton car crash claim with our lawyers.