A little confused about a personal injury case. Will there be a trial during the litigation process?
Summary judgment means the judge decides, based only on papers submitted by each side, who wins the case. Partial summary judgment means the judge decides only certain issues, such as liability, i.e., whether defendant is responsible for the accident in which plaintiff was injured. If the judge grants partial summary judgment to plaintiff on liability, the next step will be a trial on damages. But sometimes a liability judgment for plaintiff helps the case settle instead of a trial. The other benefit of summary judgment on liability is that, once there is a damages award, the interest is retroactive to the date of the liability determination. At 9%, that can add up quickly.
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Criminal Defense Attorney
It depends on what type of case you have. If it is a motor vehicle case it likely means a driver has been found 100% percent at fault and the trial will be on damages only.
The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
If there was a partial summary judgment on the issue of liability and the Court found liability, then the trial will just be on the issue of damages
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
DUI / DWI Attorney
In your case, summary judgment on the issue of liability has apparently been awarded by the judge. This is a good thing and you should congratulate your attorney on obtaining partial summary judgment and here is why.
In any personal injury case (other than a motor vehicle or malpractice case), you have to establish two things. First, that the defendant was liable that is responsible for the accident. Second, you have to establish what damages that you have sustained were caused by the accident.
Your case will now proceed to trial on the issue of damages only. This means that the jury will be told that a Judge has already determined that the defendants are at fault in your case and that you were blameless. This puts you at a tremendous advantage. All that has to be done is to prove what damages you suffered as a result of the defendant's actions. It is more complicated in an auto case, where you have to prove that your injuries met the serious injury threshold.
Interest at the rate of 9% (assuming this was a New York case) from the date that summary judgment was awarded will be running. Assume that a jury awards you $100,000 one year after the order granting you summary judgment was entered by the Clerk. An additional $9,000 in interest will be added to the amount (not including statutory costs and disbursements).
Sit down with your lawyer and go over what the strategy will be for your case going forward. Good Luck
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.
Partial summary judgment means that a party moved for summary judgment. The party moving may have moved for summary judgment on a number of causes of action, but not on all of the causes of action.
More facts are needed to ascertain what exactly was done here. Consult with your attorney to see what has happened.
This response will not create an attorney-client relationship.
It is a partial judgment pursuant to the Federal Rules of Civ. Procedure 54 (or its state counterpart) resolving fewer than all claims, or resolving claims against fewer than all parties, prior to trial. Summary judgment is granted as to a matter if there is no genuine issue of material fact and the moving party is entitled as to judgment as a matter of law. If a partial judgment is rendered, there will still be a trial as to the remaining claims and/or parties.