Types of Pretrial Motions in Personal Injury Cases

Miley Legal Group

You have been injured in a car accident in Clarksburg and have filed a West Virginia personal injury lawsuit against another party. You and your Clarksburg personal injury lawyer have completed the process of discovery and are ready to take your case into the courtroom. But before any further action can be taken, the judge must hear pretrial motions from both sides.

Dispositive vs. Nondispositive Motions

There are essentially two categories of pretrial motions. A dispositive motion is one which could end the litigation immediately if the judge rules a certain way. But if the motion has to do with an incidental issue and does not threaten the immediate future of the case, it is known as a nondispositive motion.

Types of Pretrial Motions

There are numerous types of pretrial motions and 3 of the more common ones are listed below:

  • Motion to dismiss – A dispositive motion which asks the judge to throw out the lawsuit based on legal deficiencies.
  • Motion for summary judgment – A dispositive motion which claims that the agreed-upon facts clearly indicate that a judge should rule a certain way without having to let a jury decide.
  • Motion for default judgment – A dispositive motion which calls for a favorable ruling from the judge if the other side has failed to answer or respond to a complaint or summons.

Your Clarksburg personal injury lawyer will be able to answer any questions about the pretrial motions filed by either side in your particular West Virginia car accident personal injury case.

A pre-trial motion is just one aspect of the West Virginia personal injury trial process. Learn more by visiting our article library.

Contacting a Clarksburg Personal Injury Lawyer

Unfortunately, car accidents are a regular occurrence on West Virginia roadways such as I-79, I-77, Route 50, Route 33, and I-68. In fact, our state averages over 40,000 car crashes, over 400 deaths, and over 11,000 serious injuries each year. If you or a loved one has been seriously injured in a West Virginia car accident, order a FREE copy of our consumer guide, The 7 Biggest Mistakes that Can Wreck Your West Virginia Car Accident Claim then contact a Clarksburg personal injury lawyer at The Miley Legal Group for a FREE consultation – 304-326-1800.