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  5. What Is the Summary Judgement Stage in Indiana Personal Injury Cases?

What Is the Summary Judgement Stage in Indiana Personal Injury Cases?

Parr Richey Frandsen Patterson Kruse LLP | Aug 14, 2019 | Civil Litigation |

Many Indiana personal injury cases do not make it to trial. Instead, the parties agree to settle the case. Frequently, cases settle after the parties have progressed past the summary judgment stage. Parties often use the summary judgment stage as a barometer for how their case would fare if it were to go to trial.

The summary judgment stage occurs before a case is listed for trial, and is used by courts to weed out cases or claims that do not have merit. Typically, in a summary judgment motion, the judge will consider all the uncontested evidence and make a determination if the moving party is entitled to judgment as a matter of law. If there is conflicting evidence regarding a material issue in the case, summary judgment is not appropriate.

Every state is free to craft their own summary judgment standard, within reason. For example, the federal system uses what is called the “no evidence” approach. Under this standard, the moving party can succeed in their motion if they are able to show that the other party does not have any evidence supporting their claims. Defendants in personal injury lawsuits frequently file summary judgment motions in no-evidence jurisdictions because doing so is simple and there is little to lose (and potentially quite a bit to gain).

Indiana courts, however, use a different summary judgment standard. Specifically, the Indiana standard requires that the moving party presents evidence negating an element of the opposing party’s claim. This is an important distinction because the moving party cannot merely rest on an accusation of insufficient evidence. Instead, the moving party must present some affirmative evidence disproving the plaintiff’s case. Thus, it is much more difficult for a defendant in an Indiana personal injury lawsuit to successfully file a motion for summary judgment.

The Indiana Supreme Court acknowledged that its rule imposes a high standard on defendants filing summary judgment motions. However, the court explained that it “consciously errs on the side of letting marginal cases proceed to trial on the merits, rather than risk short-circuiting meritorious claims.” The court’s rationale makes sense, because if a plaintiff’s claim is marginal, there should be little for the named defendants to worry about. However, if the court imposed a lower standard, as many jurisdictions across the country do, it is certain that at least some meritorious cases would be dismissed.

Have You Been Injured in an Indiana Personal Injury Accident?

If another person’s negligent conduct caused you injury, whether it be in an Indiana car wreck, slip-and-fall accident, or incident of medical malpractice, the experienced attorneys at Parr Richey Frandsen Patterson Kruse can help. At our Indiana personal injury law firm, we represent injury victims and their families in all types of claims. We provide our clients with first-rate service throughout their case, and always ensure that clients are kept up to date on the status of their claim. To learn more, and to speak with a knowledgeable attorney about your situation, call 888-532-7766 to schedule a free consultation today.

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

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  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

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