Filing a motion for summary judgment in a personal injury case? Learn what strategies succeed, what evidence courts expect, and how Legal Husk can help draft your documents.

Summary Judgment in Personal Injury Cases: What Works and What Doesn’t

Introduction

Personal injury cases often involve conflicting testimony, disputed medical records, and questions of negligence. While summary judgment can resolve clear-cut claims, courts are reluctant to grant it where factual disputes remain. So, what works—and what doesn’t—when pursuing or defending a motion for summary judgment in personal injury litigation?

In this article, we examine effective strategies, evidentiary requirements, and common mistakes for MSJs in car accidents, slip-and-fall, product liability, and other tort cases.

If you need a litigation-ready motion tailored to your personal injury claim, visit legalhusk.com or legalhusk.com/services/civil-litigation.

What Makes Personal Injury MSJs Unique?

• They typically involve fact-intensive inquiries.
• Plaintiffs must prove duty, breach, causation, and damages.
• Defendants often try to negate one element or shift blame.

Because of the factual complexity, courts usually reserve personal injury cases for jury trial—unless there is a clear absence of dispute.

What Works for Plaintiffs

1. Proving Liability with Uncontested Facts

• Defendant admitted fault in a police report
• Surveillance video confirms a fall or crash

2. Medical Records Showing Causation

• Consistent treatment history
• Doctor’s notes linking injury to the incident

3. Expert Testimony

• Doctors or engineers support your version of events
• Helps overcome defense doubts about causation

4. Highlighting Defendant’s Admissions

• Request for Admissions not timely denied
• Testimony admitting unsafe condition or inattention

What Doesn’t Work for Plaintiffs

• Relying on self-serving affidavits without corroborating evidence
• Skipping medical causation proof
• Ignoring disputes about fault or comparative negligence
• Assuming the court will draw inferences in your favor without support

What Works for Defendants

1. No Duty or No Breach

• Plaintiff entered restricted area (no duty owed)
• Condition was open and obvious

2. Lack of Causation

• Medical records show pre-existing condition
• Gap in treatment undermines linkage

3. Comparative Fault Defense

• Surveillance shows plaintiff was distracted
• Witnesses say plaintiff ignored warning signs

4. Expert Reports That Refute Injury Claims

• IME (Independent Medical Exam) shows no permanent injury
• Experts challenge plaintiff’s pain severity or impairment

What Doesn’t Work for Defendants

• Arguing credibility issues (jury question)
• Ignoring favorable testimony or facts for the plaintiff
• Filing before discovery is complete
• Failing to authenticate key records

Evidentiary Essentials

• Police or incident reports
• Medical records and imaging
• Photos/videos of the accident scene
• Witness depositions
• Insurance documents (if relevant and admissible)

All evidence must be admissible or supported by declarations.

Tips for Filing or Opposing a Personal Injury MSJ

For Plaintiffs:

• Show how the facts support each negligence element
• Use expert and medical opinions to reinforce causation
• Anticipate comparative fault defenses and preempt them

For Defendants:

• Dissect the claim element-by-element
• Argue that the plaintiff lacks essential proof
• Raise procedural defenses if applicable

When to File an MSJ in a PI Case

Timing matters. File after:

• Key depositions are completed
• All discovery responses are received
• Expert opinions have been disclosed

Avoid premature motions that lead to denials or Rule 56(d) objections.

How Legal Husk Can Help

At Legal Husk, we draft:

• Summary judgment motions for slip-and-fall, auto accident, and other torts
• Opposition briefs with medical, photographic, and testimonial evidence
• Statements of undisputed facts tailored to personal injury standards

📌 Access expert legal support at:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Final Thoughts

Summary judgment is possible in personal injury cases—but only when the facts are undisputed and supported by strong, admissible evidence. Whether you're proving negligence or contesting causation, a clear and well-supported motion makes all the difference.

📩 Need help drafting your personal injury MSJ or opposition? Visit Legal Husk to purchase litigation-ready documents prepared by professionals.