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Understanding Summary Judgment in Texas Personal Injury Cases
How Summary Judgment Works and Why It Matters
In personal injury cases, not every lawsuit automatically goes to a jury trial. The defense often tries to end cases early by filing a motion for summary judgment. This is a request asking the judge to rule in their favor because, they claim, there are no real factual disputes to send to a jury.
We know how to fight these motions — and protect our clients' right to have their cases heard.
Common Questions About Summary Judgment
What is a motion for summary judgment?
It’s a legal request—typically filed by the defense—asking the judge to dismiss part or all of a case without going to trial. They argue that the facts are so clear, no reasonable jury could disagree on the outcome.
What does the judge consider at a summary judgment hearing?
The judge reviews materials like depositions, affidavits, photographs, and expert reports. All evidence is viewed in the light most favorable to the non-moving party—typically the injured person.
Can the judge decide who is telling the truth at a summary judgment hearing?
No. The judge cannot weigh credibility or resolve factual disputes. If there's room for disagreement on what happened, the case must go to trial.
How much evidence do I need to defeat a summary judgment motion?
You only need a small amount—what the law calls a "scintilla"—of credible evidence that supports your side. Even minimal evidence of a factual dispute is enough to keep the case alive.
Does the process change when suing a city or government entity?
Yes. Government entities often invoke immunity in summary judgment motions, which can raise the bar for your legal arguments. However, if you present evidence of gross negligence or a valid claim under the Texas Tort Claims Act, you can still overcome it.
What happens if summary judgment is granted?
If granted, some or all of your case may be dismissed—ending your claim without a trial. This is why early collection of solid evidence is vital.
What happens if summary judgment is denied?
The case moves forward to trial, giving you the opportunity to present your evidence before a jury.
Disclaimer:
The information on this website is provided for general informational purposes only and does not constitute legal advice. Nothing on this site should be interpreted as creating an attorney client relationship.
The information on this website is provided for general informational purposes only and does not constitute legal advice. Nothing on this site should be interpreted as creating an attorney client relationship.