Filing an accident lawsuit is usually the last point of action when you’re a victim. Usually, you’d first explore settlement through an injury claim with the liable insurance company. However, many claimants encounter challenges in this stage that may necessitate an accident lawsuit. Most times, it’s because the insurance company denies liability or offers meager settlement sums.
However, filing an accident lawsuit isn’t a walk in the park. Hence, you must have a reliable Atlanta auto accident attorney to represent you in court. It’s also great to get acquainted with the legal processes, terminologies, and methods every step of the way. That way, you’d understand what’s going on with your case.
One of the most common terms you’d hear in your personal injury lawsuit is “motion.” Motions are usually the methods through which your lawyers will request a favor on your behalf to the court. We’d discuss more on that in this article.
What Do Motions Mean?
A motion is a procedure through which litigants ask the court to decide on a matter before it. It’s a way of requesting the judge to make a ruling on a contested issue. That is, if you wish to hear the court’s opinion on a matter, you will do that through a motion.
When your lawyers file a motion in an accident lawsuit, they’re asking the judge to grant their requests on several issues. Along with the motion, your attorneys will usually state reasons why the court should grant their motion. Motions can be orally made and granted; however, serious motions are filed and served to the necessary parties. After that, the court will hear arguments on both sides and give a ruling.
Generally, motions can be made at any time in your case. However, some motions must be made at the beginning or risk being waived. Also, motions have some requirements that must be strictly followed. So, it’s wise to hire an experienced personal injury attorney who’s familiar with all the court rules.
What Are the Types of Motions?
There are numerous types of motions your attorney can file on your behalf in a civil case. It all depends on several factors like the stage of proceedings, your needs, etc. Below are the five of the most common types of motions in a personal injury lawsuit below:
Motion to Dismiss
A motion to dismiss is telling the court to disregard your lawsuit for several reasons. It may be that your opposition feels you don’t have any basis for your claim. It can also be that there’s a legal deficiency that should prevent the judge from hearing your case. You will lose the case if the judge grants a motion to dismiss.
Motion to Compel
During your lawsuit, there’d come a time when both parties would require each other to answer some questions. This is called the discovery stage. You may also ask the defendants to produce some necessary documents to prove your case in that stage.
Sometimes, the defendants wouldn’t want to produce such documents because it may be damaging for them. In such cases, your lawyer may file a motion to compel them to produce the documents.
Motion for Default Judgement
A default judgment is given in favor of one party when the other party fails to take a certain action. It’s a judgment as a result of a party’s default. For example, it’s mostly given when the defendant doesn’t appear for a summons within the stipulated time. To get a default judgment, your attorney will have to apply for it by filing a motion.
Motion in Limine
A motion in limine is a request to exclude some pieces of evidence in the proceedings.
Motion for Summary Judgement
This motion asks the court to make a ruling on the case without a trial. Here, judgment is fast-tracked.
How Does a Motion Help My Car Accident Lawsuit?
The following are some reasons why motions are important in your accident lawsuit:
- Motions help to protect and enforce your rights in proceedings
- It’s a way of asking the judge to decide on a matter that’s important to you
- Motions help when you want the court to grant an order in your favor
- You can request a judge to give a ruling on a matter through a motion
Consult an Experienced Personal Injury Lawyer Immediately!
Do you want to file an accident claim or lawsuit against a liable party in Atlanta? Then, our seasoned car accident attorneys are the best choice for legal representation for your case. At the Weinstein Firm, your best interests are always our priority. We’d ensure you get the justice you deserve as seamlessly as possible. Contact us today.