What is a motion for summary judgment in a personal injury case?

A motion for summary judgment is a request made by one party (usually the defendant) asking the court to rule in their favor without going to trial, on the grounds that the evidence in the case is so one-sided that no reasonable jury could find for the opposing party. In a personal injury case, a defendant moves for summary judgment by arguing that even viewing all evidence in the plaintiff's favor, the plaintiff cannot establish an essential element of the claim — most often that there is no genuine dispute that the defendant was not negligent, or that the plaintiff's injuries were not caused by the defendant's conduct. If the court grants summary judgment against you, your case is dismissed without a trial. Your attorney must oppose the motion by demonstrating that genuine factual disputes exist that a jury must resolve. Summary judgment is decided purely on legal argument and the documentary record — no witnesses testify at this stage. Strong evidence and a well-developed factual record are the best defenses against summary judgment.