If your Massachusetts personal injury claim has been put into litigation, there is always the likelihood that the defense attorney(s) representing the insurance company may file a motion for summary judgment. This is a way for the defense attorney(s) to get your case knocked out of court. But what does summary judgment mean?
Summary judgment is only proper if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. What that means is that your case should not be presented to a jury because based on the facts of the case, you have no shot of winning at trial.
If your Massachusetts personal injury lawyer tells you the defense has filed a motion for summary judgment, don’t worry because the burden is on the defense to show that you have no shot of winning at trial. Procedurally, summary judgment is a fairly routine aspect of trial practice.