Summary judgment refers to a motion made by either party in the lawsuit asking the judge to make a final decision on the case without involving a jury or going through a trial. Typically, one side moves for summary judgment when sufficient undisputed facts support a decision in their favor.
While it may sound simple, summary judgments are not always straightforward, and a good understanding of how they work may be critical to the outcome of your case. Summary judgments can end a case quickly or be the gateway to a full trial. Knowing the differences and understanding how these motions work in Georgia personal injury cases is crucial.
Who Can Request a Summary Judgment?
Either the plaintiff (the party filing the lawsuit) or the defendant (the party sued) can request a summary judgment. A defendant might file a motion for summary judgment if they believe the plaintiff cannot prove the facts alleged against them. A plaintiff will file a motion for summary judgment if they can prove liability without reasonable dispute.
What Are the Differences Between a Summary Judgment and a Jury Trial?
The biggest difference between a summary judgment and a jury trial is that in a summary judgment, the judge decides the outcome of the case before the trial begins. In a jury trial, the jury decides the outcome of the case after all the evidence is presented and both sides have argued their cases.
The judge looks at the evidence presented with the summary judgment motion to determine if a genuine issue of material fact requires a jury’s decision. A genuine issue of material fact is a key fact relevant to the claim that the plaintiff and defendant disagree on. For example, the defendant may disagree with the plaintiff’s claim that they were speeding in a car accident case.
The side that requests the summary judgment must provide evidence clearly showing there is no genuine issue of material fact. However, the other side can prepare an opposition brief explaining why they disagree. With sufficient evidence, the judge can apply the law directly without requiring a jury trial.
The advantage of having a case decided by summary judgment is that it can significantly speed up the resolution of a case, avoiding the costs and time involved in a full trial. If you need a trustful Atlanta personal injury attorney, contact us today for a free case review.
What Happens After a Summary Judgment Is Granted?
When a judge grants a summary judgment, the personal injury case is over. But what happens next depends on which side wins the motion:
- Judgment in plaintiff’s favor – If the judge grants summary judgment in favor of the plaintiff, the evidence overwhelmingly supports the injured party’s claim and no valid defense exists. With this result, the plaintiff receives compensation sooner. There’s no need for the lengthy, costly process of a trial, and the decision is final unless the defendant appeals.
- Judgment in defendant’s favor – If the judge grants summary judgment in favor of the defendant, that means the plaintiff has insufficient evidence to win the case and no jury trial is required because the facts are clear.
As with a jury trial, the parties have the right to appeal a summary judgment if they believe the judge made an error in applying the law or assessing the facts. An appeal is not a retrial of the case but rather a review of the legal decisions made by the trial judge.
For example, the losing party may argue that the judge misinterpreted the law, excluded key evidence, or improperly concluded that there were no genuine issues of material fact. If the appellate court agrees, they may reverse the summary judgment and return the case to trial. If the appellate court upholds the summary judgment, the case remains closed.
A summary judgment can be a powerful tool to resolve a case quickly and efficiently, but it’s not without risks. If you’ve received an unfavorable summary judgment, it’s crucial to consult an experienced attorney to evaluate your options, including filing an appeal. Similarly, if the court grants you summary judgment, it’s important to understand that the opposing party might still challenge the ruling in a higher court.
What Happens If a Summary Judgment Is Denied?
If a judge denies the motion for summary judgment, the case continues to move toward a jury trial. The judge may deny a summary judgment if they believe there are factual disputes that need to be resolved by a jury. If there’s conflicting evidence about who caused an accident, the case likely needs to go to trial.
This means both sides will present their case in court, and a jury will decide the outcome. Denying summary judgment makes the case more time-consuming and expensive. However, it gives the parties a chance to present the full scope of their arguments and explain how their evidence supports their theory of the case.
How Can My Georgia Personal Injury Attorney File or Prevent a Summary Judgment?
Your personal injury attorney can file a motion for summary judgment if they believe the facts of your case clearly show that you deserve compensation under Georgia law. For instance, if a convicted drunk driver caused a car accident and injured you while you were driving with reasonable care, your lawyer could file for summary judgment to secure compensation quickly.
On the flip side, if the other side files for summary judgment against you, your attorney can argue that disputed facts need to be decided by a jury. Your lawyer will clearly specify which facts are disputed and how they can be seen to support your side of the case. Your attorney may point to inconsistencies in the evidence or introduce expert testimony to show that a full trial is necessary. When your lawyer persuades the judge not to enter summary judgment in the case, your case can proceed to trial.
Contact a Georgia Personal Injury Lawyer
If you’re injured in Georgia because of someone else’s negligence, the summary judgment process could significantly affect how quickly you get the resolution you need. Having an experienced Georgia personal injury lawyer by your side is essential to determine when a summary judgment is appropriate.
At Bayuk Pratt, our skilled team can guide you through the legal process, including filing summary judgment motions if necessary. We have over 50 years of combined legal experience and have recovered more than $300 million for our deserving clients, including $50 million for a product liability case. Past clients praise our “professionalism, attentiveness, empathic demeanor, and overall knowledge,” saying we “make the entire process smooth and stress free.”
Contact us today to schedule a free consultation, and let us help you protect your rights and pursue the full compensation you deserve for your injuries and losses.
