There are various court motions that could be observed in catastrophic injury cases in DC, and an experienced injury attorney can help someone to understand them, such as a pre-trail court motion, a motion to dismiss, and a motion for default judgment.
The first step of filing a lawsuit is to file a complaint with the appropriate court. Under the rules of the court, a complaint is required to initiate a lawsuit. In this way, the complaint is the first document filed by the injured party, or a plaintiff. The complaint outlines the facts of the injured party’s claim, and provides the court with the standard of law that forms the basis of the claim.
A pre-trial court motion is a motion that is filed before a trial begins. A pre-trial motion can take a number of different forms, and may be dispositive in nature, or deal with singular pieces of evidence.
Generally, a pre-trial motion sets boundaries for an upcoming trial, or presents arguments for a case to be dismissed or a judgment to be entered before the trial begins. The nature and content of a given motion will, however, be dependent upon the facts and circumstances of the individual case and the rules of the court.
A motion to dismiss is a motion that is filed by a defendant that requests that the case be dismissed before going to trial. Typically, a motion to dismiss is asserted when the defendant believes the plaintiff has failed to state a claim, or lacks sufficient evidence to prove the stated claim. When a defendant files a motion to dismiss based on failure to state a claim upon which relief may be granted, they believe they are entitled to a legal defense based upon the facts and allegations contained in the complaint.
Alternatively, a motion to dismiss may be filed by a defendant who believes the court lacks subject matter jurisdiction over the claim or personal jurisdiction over the parties to the claim. A defendant may also file a motion to dismiss if they believe the venue in which the claim has been filed is improper. Finally, a motion to dismiss may be based upon insufficient service of process, whereby the defendant believes they were not properly served with the complaint.
A summary judgment motion is a written motion requesting judgment in favor of a party to a case before the case goes to trial. Typically, a summary judgment motion is filed shortly after discovery, when both parties have collected all pertinent information that is relevant to the complaint. At this time, a party may submit a summary judgment motion claiming that all factual and legal issues can be decided in their favor.
A motion for default is filed when the defendant fails to answer the complaint pursuant to the court’s rules. A default is entered once the time has expired for the defendant to answer or respond to the lawsuit.
Once the default has been entered, a notice of default is issued to the defendant, placing them on notice of the default. Thereafter, the court will request the parties present ex parte proof in order to substantiate a default judgment.
This motion can have a significant impact on a catastrophic injury case, as the plaintiff would obtain a default judgment without the presentation of any information by the defense. This can present a problem when the plaintiff attempts to collect the default judgment, as many insurance carriers will refuse to pay a default judgment if the insured failed to place the carrier on notice of the pending lawsuit, which is in violation of the insurance contract.
A sua sponte dismissal is a dismissal initiated by the court. Generally, a court will issue such a dismissal if a plaintiff fails to comply with the court’s rules in some manner.
Sometimes, when there is a dispute regarding liability, and the at-fault party is injured, they may assert a claim against the plaintiff. In such an instance, the defendant would file a counterclaim against the plaintiff, thereby asserting their claim and placing the parties on equal footing with each as a plaintiff and each as a defendant. Ultimately, the jury will have to determine which party is at fault and to what, if any, damages the other party is entitled.
An individual who is considering filing a lawsuit involving an injury must understand that filing a lawsuit is an entirely different process than initiating an insurance claim. Once a lawsuit is filed, the court places the matter on its schedule and requires the parties to comply with that schedule, regardless of any other issues involved. Therefore the pace of the case is certainly different once a lawsuit is filed. This can be difficult, as an individual will generally have little influence over the scheduling and pace of their case.
An experienced DC catastrophic injury attorney will understand the ligation process and have experience enacting similar litigation. This will allow such an attorney to advise their client accordingly throughout the course of the process, and to take the necessary steps to move the claims as quickly as effectively and as efficiently as possible.
