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Pre-trial motions: How do cases resolve?

On Behalf of | Mar 31, 2020 | Injuries

You may already know some of the ways a trial can end. However, these well-known resolutions are not the only possibilities. 

Apart from settlement before a trial — one of the most common ways that personal injury cases end — and court decisions after a trial, there are other alternatives. As explained on FindLaw, pre-trial motions are one category. 

Default judgements 

One possibility for resolution of your dispute would be if the defense does not answer in time. This would put the defense in default, and the court could make a decision — usually favoring your side of the case. 


You should probably not be surprised if the defense in a personal injury case files a motion to dismiss. This is one of the first things that a defense lawyer would probably do, or at least thing about doing. 

If the motion to dismiss succeeds, that would essentially mean that the defense won your dispute. The attorneys who would represent you as a plaintiff would do everything they could to prevent this type of motion from succeeding, on any grounds. 

Summary judgements 

If you believe that your case is strong that the facts speak for themselves, you could move to have the court decide in your favor without a trial. The defense would have to answer this type of motion. Another defense option to avoid a summary judgement might be to offer you a settlement. 

As you can see, although trials are the most widely recognized forms legal dispute resolution, they are far from the only option. Understanding all possible endings could help you form a better strategy and secure a better outcome for your personal injury claim. 

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