Understanding the Most Common Motions in Personal Injury Cases

From start to finish: the impact of motions on your lawsuit

Personal injury lawsuits can be overwhelming. Knowing what to expect can help reduce anxiety and empower you as you navigate through the legal process. 

In keeping with the goal of letting you know what to expect, this article will walk you through the most common types of motions you may encounter in your personal injury case. 

Let’s get started.

Introduction to motions

A “motion” is essentially a formal request made to a court to issue a ruling or order on a particular matter. 

In personal injury cases, motions can serve many purposes and play a crucial role in shaping the course and outcome of the case. A motion may result in everything from the case being dismissed entirely to certain pieces of evidence being excluded. 

Motions can be written or spoken, and can be made throughout the case once the initial complaint has been filed.

Motion to dismiss

A motion to dismiss has the power to end a case before it even gets started. 

If the defendant believes the plaintiff’s claim lacks legal merit or fails to meet certain procedural requirements, they may file a motion to dismiss. 

The most common reasons for dismissing a case via a motion to dismiss are as follows:

• A lack of subject-matter jurisdiction
• A lack of personal jurisdiction
• Improper venue
• Insufficient process
• Failure to state a claim upon which relief can be granted

You’ll notice that these reasons for dismissal are primarily procedural. This highlights the importance of hiring an experienced personal injury attorney who can ensure your lawsuit is filed in the right court and contains all of the required information. 

As is the case with all motions, the plaintiff will have a chance to respond to the motion to dismiss before the judge makes a decision.

Motion for summary judgment

A motion for summary judgment is a request made by a party asking the court to decide all or part of a lawsuit without going to trial because there’s no dispute about the key facts of the case.

The party making the motion (called the “movant”) can be the plaintiff or the defendant. Either way, the movant must prove two things to be successful:

• There are no material facts that can be reasonably disputed, and
• In light of the undisputed facts, the movant is entitled to judgment under the applicable law.

The non-moving party always has an opportunity to respond to the motion for summary judgment. This is called a “response” or an “opposition motion.”

The non-moving party only has a certain amount of time to file a response. This amount of time varies by state but is usually around 21 days.

Motion in limine

Motions in limine are pre-trial motions that seek to exclude or include certain evidence at trial. 

For example, if one party believes a certain piece of evidence is highly prejudicial or irrelevant, the party would file a motion in limine to keep the evidence from being presented to the jury. Motions in limine are also commonly used to limit certain trial strategies, such as “reptile theory” arguments that courts may find overly prejudicial or misleading.

Motions in limine help shape the evidence that will be presented at trial and can significantly impact the trial’s outcome. It’s important to note, however, that you’ll only encounter these motions if your case is on the brink of a trial. Remember, the vast majority of personal injury cases don’t reach trial and are typically resolved through settlements.

Motion to compel

A motion to compel may be filed if one party believes the other party is withholding information or not responding to discovery requests. 

If the motion is granted, the court will order the noncompliant party to provide the requested information.

Motion for a directed verdict

After the plaintiff has presented their case—but before the defense presents their case—the defense might file a motion for a directed verdict (known as a motion for judgment as a matter of law in federal courts). This motion argues that no reasonable jury could find for the plaintiff based on the evidence presented.  

If the court grants a motion for a directed verdict, it effectively rules in favor of the defendant without the defense having to present its case.

Knowledge is power when it comes to the law, and understanding these common types of motions can help empower you as you navigate through your personal injury claim. While this guide provides an introductory overview, there are other less-common motions that you may encounter. As always, consult with an experienced personal injury attorney if you have any questions about your specific case.