What Happens When You File a Personal Injury Lawsuit?

When you file a personal injury lawsuit in Connecticut, your case is assigned to a judge who will oversee the legal process from the beginning, often months before a trial occurs. During the pretrial period, both sides of the case may submit requests to the judge. These requests, such as asking to exclude certain evidence or to clarify legal rules, are made through formal documents called motions.

What Is a Motion?

A motion is a formal request made to the court. It typically asks the judge to do one of the following:

• Issue an order about a specific aspect of the case.
• Provide direction on a particular legal issue.
• Make a ruling in the case itself.

Most motions are filed well before a trial begins and are referred to as pretrial motions. These motions can play a pivotal role in shaping the course of your personal injury case and, ultimately, its outcome.

Common Types of Pretrial Motions

Motion to Dismiss

The defendant, often an insurance company, may file a motion to dismiss. This motion argues that the plaintiff (you) is not entitled to any recovery or relief for the injury sustained. If the judge grants the motion, your case will be dismissed.

Motion for Summary Judgment

Either side can file a motion for summary judgment. This motion asks the judge to issue a final ruling in the case without proceeding to a full trial. To succeed, there must be clear, undisputed evidence supporting the motion. Additionally, if the opposing party fails to respond to legal documents or attend court, a summary judgment may be granted in favor of the active party.

How Do Motions Impact Your Case?

Motions are not strictly required to proceed with a personal injury lawsuit, but they are essential when the legal process becomes challenging or when the opposing party engages in unfair practices. Filing motions allows you to:

• Address special issues that arise during your case.
• Ensure fair play by holding the opposing party accountable.
• Request special rules or orders to streamline the legal process.

Evidentiary Motions: A Key Tool in Personal Injury Cases

Evidentiary motions are filings that deal specifically with the admissibility of evidence. For example, if you were injured in a car accident and the insurance company tries to bring up an irrelevant past criminal conviction, you can file a motion to exclude that evidence. If the judge approves the motion, the excluded evidence cannot be presented at trial, ensuring the jury remains focused on the facts of the case.

The Importance of an Experienced Lawyer

Filing motions effectively requires a deep understanding of legal procedures and strategy. The court does not prompt you to file motions, leaving it up to you and your attorney to identify when motions are necessary. Whether you are pursuing a claim for a car accident, construction accident, or defective product injury, motions are a vital tool to protect your rights and control the narrative of the case.

An experienced attorney, like those at Bert McDowell Injury Law, knows exactly when and how to file motions to maximize your chances of success. Our team is committed to fighting for your rights and ensuring that you receive the compensation you deserve.

Let Bert McDowell Injury Law Help You

If you have been injured in Connecticut, don’t navigate the legal process alone. Bert McDowell Injury Law provides expert legal representation for personal injury cases. We understand the complexities of motions and how they can impact your case.

Call us today at 475-231-3274 for a free consultation. Let us help you secure the justice and compensation you deserve.