The legal process is filled with plenty of terms that lawyers, paralegals, and judges recognize instantly but are unknown to plaintiffs and defendants. Many of these terms are important for you to understand but really aren’t so mysterious—including the concept of a dispositive motion. Dispositive Motions, Explained At first glance, you may think the “dispositive” of dispositive motion relates to a positive or negative request or outcome. That’s not quite correct: The “dispositive” comes from dispose, which makes understanding this term much easier. A dispositive motion is meant to dispose of the case. It asks the court for a ruling that addresses the legal issues of the case and terminates it in advance of the trial. Generally speaking, there are two kinds of dispositive motions, both of which you may already be familiar with: 1. Motion to Dismiss Motions to dismiss are usually made early in the case and provide a way to test the sufficiency of the pleadings. This isn’t a look at the facts of the case—just the allegations to determine if the case should or shouldn’t continue. Basically, a motion to dismiss asks: If you accept as true everything the other party says, have they alleged enough to state a claim under state or federal law? If the answer is yes, the judge will deny the motion, and the case will proceed. If the answer is no, the judge will enter a motion explaining their reasoning and dismiss the case. 2. Summary Judgment Unlike a motion to dismiss, a summary judgment motion specifically looks into the facts of the case. However—and this is important to understand—the summary judgment process isn’t a substitute for jury trials, which remain a vital part of the legal system and are constitutionally protected by the Seventh Amendment. Basically, a summary judgment motion determines if there are issues of fact that require a jury in the first place. For example, if Party A says the traffic light was green and Party B says it was red, the judge will deny the summary judgment and let the jury decide. Even if Party A has given contradictory statements, is a friend with another of the parties to the case, or has a prior conviction for false swearing (i.e., lying under oath), these are issues of credibility that a judge can’t decide. The case will proceed to trial, where the jury will be presented with and weigh the evidence—and reach its own verdict. However, if Party A and Party B both state the light was green and there is no other evidence to dispute that fact (and it’s the only material fact of the case), a summary judgment could be issued. Every case is unique, of course, but the general idea of a summary judgment is to determine whether there is enough evidence to proceed to a trial phase. Qualified attorneys can guide you through dispositive motions to help you understand the process and next steps. If you live in the Ohio Valley or greater Pittsburgh and need help with a personal injury case, reach out to Bordas & Bordas to learn more about your options.
What to Expect When You Call Bordas & Bordas
If you or someone in your family has been in a car accident, or suffered an injury for which you weren’t at fault, or are dealing with uncooperative insurance companies, talking to a personal injury attorney about your options might not be the first thing on your mind. That’s understandable, and it’s also understandable that when you are ready to discuss your situation, a call to a law firm might seem daunting. We get it: The legal process can be complicated and intimidating. At Bordas & Bordas, our goal is to make the experience as welcoming as possible to everyone who calls our offices for a free consultation. We want you to feel comfortable speaking with us as we work through your legal options. And we want you to call, even if you’re unsure that you have a case. Here’s what you can expect when you call Bordas & Bordas and talk to our team. Who Will I Speak to When I Call? When you call Bordas & Bordas, a receptionist will answer and ask how we can help you. If you are seeking legal help, you will be transferred to one of our intake representatives, who are specialists in gathering your information and guiding you toward next steps. Our intake representatives are local to the Ohio Valley and southwest Pennsylvania—you won’t be sent to a call center outside the region or outside the U.S. If you call our firm after hours, on the weekend, or on a holiday, you will get our voicemail service asking you to leave a message. Please leave a detailed message, including your name and the best number and time to get a hold of you. An intake representative will return your call early the next day or after the weekend—and we prioritize those calls as soon as we’re back in the office. And if our intake representatives are busy during the day and you don’t get through right away, don’t be discouraged: Our receptionist will pass along the information, and our intake representatives will get back to you ASAP. What Will the Intake Representative Ask? Our intake representatives will start the conversation by asking for some basic information from you: Name Address Phone number Email address How you heard about Bordas & Bordas After you give us this info, we will ask about your situation: What happened to you, how you were injured, what pain and suffering you and your family have endured, and what relief you are hoping for by contacting a personal injury attorney. This is your opportunity to tell your story, and we are eager to hear it and guide you through next steps. Supporting documents such as police reports, insurance correspondence, medical records, and photos can be helpful when you first call, but don’t worry if you don’t have them readily available. Those documents will be vital later in the process, but for now, telling us your story is most important. During the call, the intake representatives will encourage you to ask questions you may have. Some questions can be answered only by our attorneys, but with others (e.g., “What is a contingency fee?”), our intake specialists will answer the best that they can. Unlike other personal injury lawyers who require you to sign a consultation agreement that limits you from contacting other attorneys while your case is being considered, Bordas & Bordas won’t make you sign anything until both sides have agreed to representation. Your trust is valuable to us, and making you commit to our firm before you feel comfortable with us doesn’t build a good lawyer-client relationship. What Happens After the Intake Call? After our intake representatives get all your information on your call, they will forward it to our attorneys, who will determine if we accept your case, require more information, or decline to represent you. A paralegal may contact you to set up a call with an attorney to discuss the possibility of taking your case. Whether we decide to take your case or not, someone from our office will get back to you, usually in a few days, though there are times it may take longer. We consider all the factors of your situation and will always call you personally if we decline to represent you. Why Might I Be Told That Bordas Can’t Help Me? Our firm wishes we could help everybody who contacts us; however, there are some basic circumstances in which we won’t be able to take your case. Some of these situations include: You’re being sued: The attorneys at Bordas & Bordas specialize in helping people who have been wrongly injured, either physically or through bad faith claims by insurance companies. Although defendants in such cases deserve quality representation on their side, we represent only plaintiffs in such cases. It’s an area of law we don’t practice: Bordas & Bordas represents clients in a broad range of personal injury cases, but there are some areas we don’t practice, including divorce, criminal law, slander/libel, and probate. It’s outside our jurisdiction: Our firm’s attorneys primarily operate in West Virginia, Pennsylvania, and Ohio, and we are licensed in a couple other states. Most civil cases are litigated at the state level, so if, for example, you are calling from outside our attorneys’ jurisdiction, we likely will be unable to take your case. Bordas & Bordas: An Ally When You Need One Everyone at Bordas & Bordas is dedicated to helping every person who contacts our offices. We value your initial conversations with us, and even if we don’t take your case, we hope to earn your trust so that if the unthinkable happens and you need a personal injury lawyer, you can reach out to us again. You can call Bordas & Bordas at 888-4JUSTICE (888-458-8423) or call one of our offices directly: Pittsburgh (and Pennsylvania): 412-502-5000 Moundsville: 304-845-5600 Wheeling (and West Virginia): 304-242-8410 St. Clairsville (and Ohio): 740-695-8141 And if you are more comfortable connecting with us online, visit our website and request a consultation, or interact with our 24/7 automated live chat. We carefully review every request and go through the same steps we do with people who call our offices. Whether by phone or online, we look forward to helping you.