An Easy-To-Understand Guide To Pre-Trial Motions
When you begin a lawsuit in your personal injury or accident claim, our attorneys may start the process by filing pretrial motions. These motions are designed to shorten the length of court time or further encourage the insurance companies to make a fair settlement based on how the court is ruling on your case. There are several types of pre-trial motions that your attorney may file and you may be a little confused about what they mean. Here is an easy-to-understand guide for all the different kinds of pre-trial motions we may file on your behalf.
The Types Of Pre-Trial Motions
Here are the different types of motions and the legal reasoning behind why would file each one:
Motion To Dismiss: Motion to dismiss is usually filed at the beginning of litigation before the discovery period. A motion to dismiss is usually based on one of the following legal circumstances:
● Lack of subject matter jurisdiction: Lack of subject matter jurisdiction is really about the authority of the court. In the state of Florida, the law states that certain courts such as civil court or probate court have to hear certain types of cases. If the court does not have this authority defined by law, a motion to dismiss the case will be filed.
● Lack of personal jurisdiction: Personal jurisdiction is about what courts have authority to hear your personal cases. For example, if you are a resident of Florida and your accident was in Florida and the case is in New York because that’s where the insurance company has their headquarters, we can argue the court doesn’t have jurisdiction.
● Improper venue: Improper venue means the location of the court is improper for hearing the case. Just like with the example under lack of jurisdiction, it would be improper to hear a Florida case at a New York venue.
● Insufficiency of process or service of process: This is a dismissal based on a technicality. They are very rare, but a good attorney can help make the argument that you were improperly served.
Summary Motion Judgment: A summary motion judgment is when your attorney asks the court to rule on the indisputable facts of the case. Your attorney will present the court with evidence of the facts and ask for a ruling. If the court agrees, a summary motion judgment can help end a case before it goes to the courtroom. If the court disagrees, you will still have to go to trial.
Motion For Default Judgement: If the defendant in your case fails to respond to the complaint within the time limit, your attorney may ask the county clerk to file an “Entry of Default.” An Entry of Default basically leads the court to rule in your favor based on their lack of appearance. From there the judge will then rule on the amount of your settlement claim.
Why You Need A Qualified Attorney
When the insurance company refused to pay you the money they owe you, you’ll have to litigate. Though most of the time, everyone is looking to settle out of court, cases do make their way to trial. That is why it is really important that you work with a qualified personal injury from the start of your claim. A qualified injury attorney will not only determine when it is time to take a settlement dispute to court, but will be able to navigate Florida’s complex personal injury law to help you win. You need an attorney who will catch the opportunity to file pre-trial motions that could help shorten your court time and get you your money quicker.
At Shapiro, Goldman, Babboni, Fernandez, and Walsh, our experience attorneys have represented thousands of clients in the Florida area. With over a century of combined experience, we know exactly what pre-trial motions to file if available. If you’ve been injured in an accident, contact us today and see how we can help get you justice.