The Role of Pre-trial Motions in a New York Personal Injury Case

How Legal Strategy Can Determine the Outcome Before Trial Even Begins

When most people think about personal injury cases, they imagine a courtroom trial complete with witness testimony, cross-examinations, and a jury verdict. But in reality, many personal injury claims in New York never reach a jury. One of the key reasons? Pre-trial motions—especially motions for summary judgment—which can resolve all or part of a case before it ever goes to trial.

At Leandros A. Vrionedes, P.C., we understand how pivotal these motions can be. Whether we’re seeking to dismiss a baseless claim or establish the defendant’s liability early in the process, pre-trial motions often determine the trajectory—and sometimes the outcome—of a case. Learn more below, and contact our office to speak with an experienced New York City personal injury attorney if you’ve been harmed by another’s negligence anywhere in NYC, Westchester or Nassau counties.

What Is a Pre-trial Motion?

A pre-trial motion is a formal request made to the court asking for a ruling on a specific legal issue before the trial begins. These motions can address a range of procedural and substantive matters, such as excluding certain evidence, compelling discovery, or dismissing claims entirely.

The most impactful of these is often the motion for summary judgment, which can either resolve a case in the plaintiff’s favor or result in the case being thrown out, depending on how it’s used.

Summary Judgment: What It Is and Why It Matters

A motion for summary judgment asks the court to rule on a case—or specific issues in a case—without a trial, arguing that there are no material facts in dispute and that the law clearly favors one side. In other words, it says, “Even if we assume everything the other side says is true, they still can’t win under the law.”

These motions are powerful tools in personal injury litigation, and they can be filed by either the plaintiff or the defendant.

When Defendants Move for Summary Judgment

In New York personal injury cases, defendants often file summary judgment motions to seek dismissal of the case. They might argue that the plaintiff cannot prove a key element of the claim—such as negligence or causation—or that the injury wasn’t serious enough to meet the legal threshold for damages (such as motor vehicle accident cases under New York’s “serious injury” requirement).

For example, a property owner in a slip and fall case might argue that they had no notice of the dangerous condition or that the condition was “open and obvious,” and therefore they owed no duty to warn. If the court agrees, the case can be dismissed before trial.

Successfully defeating a defendant’s summary judgment motion is crucial, as losing it could mean the end of the case. That’s why we carefully prepare evidence, affidavits, and legal arguments to show that genuine issues of fact exist that only a jury can decide.

When Plaintiffs Move for Summary Judgment

Plaintiffs (injury victims) can also file summary judgment motions, usually on the issue of liability. This means the plaintiff is asking the court to rule that the defendant was negligent as a matter of law, leaving only the amount of damages to be decided at trial.

This approach can be especially effective in clear-cut cases—such as rear-end car collisions, “scaffold law” construction accidents, or when a defendant has violated a specific safety regulation. If the court grants the plaintiff’s motion on liability, the burden at trial becomes much lighter, as the only remaining issue is how much compensation the plaintiff is entitled to.

Winning summary judgment on liability can also increase settlement leverage. Once the defendant knows a jury will only be deciding damages, they may be more inclined to settle rather than risk a substantial verdict.

How Courts Decide Summary Judgment Motions

New York courts apply a strict standard when reviewing summary judgment motions. The party filing the motion must show that there is no genuine dispute as to any material fact and that they are entitled to judgment as a matter of law. The court reviews the evidence in the light most favorable to the non-moving party.

If there is any credible evidence that contradicts the moving party’s position—such as conflicting witness statements, expert opinions, or surveillance footage—the motion will likely be denied, and the case will proceed to trial.

Because these motions can make or break a case, they require meticulous preparation, legal research, and strategic planning. A single overlooked detail or procedural misstep can turn a winnable case into a dismissal.

The Broader Impact of Pre-trial Motions

Beyond summary judgment, other pre-trial motions can also influence a case’s direction. Motions to compel discovery can force an uncooperative party to turn over vital evidence. Motions to preclude expert witnesses or exclude prejudicial evidence can reshape how a case is presented at trial. Collectively, these motions form the legal chess game that unfolds before a jury is ever seated.

At Leandros A. Vrionedes, P.C., we use pre-trial motions not just to react to the other side’s tactics, but as proactive tools to strengthen our client’s case, narrow the issues, and position our clients for the best possible outcome—whether through settlement or trial.

Talk to a Skilled New York Personal Injury Attorney

If you’ve been injured due to someone else’s negligence in Brooklyn, the Bronx, Manhattan, or Queens, or communities throughout Nassau & Westchester County, the legal process can seem overwhelming. Pre-trial motions might sound technical, but they could very well decide the fate of your claim. That’s why having a knowledgeable and experienced personal injury attorney on your side is essential.

Contact Leandros A. Vrionedes, P.C., today for a free consultation. We’ll explain your rights, evaluate your case, and develop a strategy that puts your best foot forward—whether it’s in court or at the negotiating table.