What is summary judgment in a personal injury case?
Quick answer
Summary judgment is a motion asking the judge to decide the case as a matter of law, without sending it to a jury. Under CPLR §3212, the judge can grant it in full, deny it, or grant it on specific issues. Winning summary judgment on liability changes the negotiation completely.
Detailed explanation
Most people first hear "summary judgment" from a TV lawyer. The real version is straightforward.
After discovery, depositions, document exchange, expert reports, both sides have laid out their evidence. Summary judgment is when one side asks the judge to decide the case without sending it to a jury. The argument: there is no genuine dispute about the material facts, and on those undisputed facts, the law says we win. The judge either agrees, disagrees, or rules that some pieces are decided and others go to the jury.
The procedural rule is CPLR §3212. The motion has to be supported by admissible evidence, affidavits, deposition transcripts, certified records, not lawyer argument. The judge views the evidence in the light most favorable to the non-moving party. If there's a real factual dispute, summary judgment is denied and the case goes to trial.
There are two flavors that matter most in personal injury practice. Summary judgment on liability asks the judge to rule the defendant was negligent as a matter of law. Partial summary judgment narrows the issues, for example, knocking out a comparative negligence defense before trial so the jury never gets to decide whether the plaintiff was partly at fault.
What this means for you
Winning summary judgment on liability changes the negotiation. If a judge rules the defendant was negligent as a matter of law, the only remaining question at trial is how much the case is worth. The defense's leverage drops dramatically. Settlements jump.
Even partial summary judgment helps. If I knock out the comparative negligence defense before trial, the jury never gets to decide whether you were partly at fault, and that math change can be worth hundreds of thousands of dollars on a serious case.
I look at every case I have for what motion I can win. Not because I want to bill more hours, I'm contingency, I don't bill hours, but because winning the motion is often what gets a case from $300,000 to $1.5 million on the same facts.
The Sanitation worker case I had a few years back is a clean example. NYC employee, work injury, premises liability against the City. The break-room floor had been a known hazard for years with multiple written reports documenting it. We moved for summary judgment on liability and won. From there, the case was just about the number. It settled for $1.5 million. Prior results do not guarantee a similar outcome. Every case turns on its specific facts and evidence.
I won't tell you I move for summary judgment in every case, because there are cases where the facts don't support it. But I look every time. A lot of personal injury firms file the case, do basic discovery, and wait for an offer to come in. That's a different practice. The difference shows up in the final number.
Related FAQ
- How does mediation with a former judge actually work?, what summary judgment does to the mediation math
- Will my personal injury case go to trial?, the strategic context
- What's the difference between special damages and pain and suffering?, the damages framework that runs alongside the liability fight
When to talk to a lawyer
If you have a case where you think liability is clear and the defense is offering a fraction of what the case is worth, the question to ask is whether your lawyer is filing motions or just waiting for an offer. They're different practices. The lawyers who file motions get higher numbers, partly because they win some of them and partly because the defense knows they will.
For new clients: aggressive motion practice is one of the things I do differently. It's also one of the things I'd want to know about a lawyer if I were looking for one.
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Attorney Advertising. Prior results do not guarantee a similar outcome. Whether summary judgment is appropriate in any particular case depends on the specific facts and the available evidence. This page is general legal education and does not create an attorney-client relationship.