When you’re hurt and you have to sue for damages, a trial may be part of the process. It’s important to remember, though, that the trial itself is not the beginning, middle and end of your case. There is a great deal of work that goes into the period before your trial in order to ensure that the outcome you get is the outcome you need. To be sure you have the right legal help to get you to a successful outcome, make sure you have an experienced San Mateo injury attorney working for you.
I.T.’s case was an example of the importance of success in the pre-trial phase. I.T. was a construction worker who fell through a skylight at a construction site and who, as a result, sued the general contractor on the project. Before the trial, the defense filed a motion arguing that I.T. was an independent contractor, that the contractor could not be liable under California law and that it was entitled to summary judgment in its favor.
The battle over a defense motion for summary judgment is an extremely important crossroads in any injury case. In a civil lawsuit, there are generally two ways to arrive at a successful outcome. One is through settlement and one is via a judgment. To receive substantial compensation via either of these paths, it is often necessary to defeat a defense motion for summary judgment. A summary judgment for the defense is something ordered by the court that says that, regardless of what evidence you might put on at trial, there is no possible way under the law that you could succeed in getting a judgment in your favor.