For lawyers representing those injured in car accidents or slip and falls in Florida, motions to dismiss or summary judgment are inevitable. As a Miami personal injury lawyer, negligence cases are the single most common cause of action. Yet, the burden of proving such a claim falls directly on the shoulders of the injured plaintiff.
By failing to set forth evidence supporting a negligence claim, the defense can move for Summary Judgment, which can effectively dismiss the entire case. However, the burden of prevailing on a summary judgment motion lies with the defendant, whom must convince the judge that no dispute