Ohio Motion for Reconsideration - Personal Injury

• Category: Civil Actions - Personal Injury - Sample Motions
• State: Multi-State
• Control #: US-PI-0222
• Format: Word; Rich Text

Description

This form is a motion for reconsideration filed by the plaintiff in a personal injury action requesting the court to amend its prior judgment and include in its award pre-judgment interest.

Ohio Motion for Reconsideration in Personal Injury Cases: A Comprehensive Overview Introduction: When it comes to personal injury cases in Ohio, the legal process can be complex and multifaceted. One crucial aspect of the litigation process is the ability to file a motion for reconsideration. A motion for reconsideration allows parties involved in a personal injury case to request the court to review and potentially change a previous decision or ruling. In this article, we will provide a detailed description of what an Ohio motion for reconsideration in personal injury entails, including its purpose, procedures, and potential types. Purpose of an Ohio Motion for Reconsideration — Personal Injury: The primary goal of filing a motion for reconsideration in an Ohio personal injury case is to persuade the court to reevaluate a previous decision. This motion allows either party, plaintiff or defendant, to present new evidence, legal arguments, or case law that was not previously considered. The aim is to convince the court that there was an error or oversight in the initial ruling, which justifies a change in the decision, including but not limited to granting a new trial or modifying the amount of damages awarded. Procedures for Filing an Ohio Motion for Reconsideration — Personal Injury: To initiate a motion for reconsideration in an Ohio personal injury case, the party seeking reconsideration must adhere to specific procedures: 1. Timely Filing: Generally, the motion for reconsideration must be filed within a specified time frame after the entry of the final judgment or order. This deadline varies depending on the circumstances, court rules, and local jurisdictions. It is crucial to consult with an experienced personal injury attorney to ensure compliance with the applicable filing deadlines. 2. Grounds for Reconsideration: The moving must establish legitimate grounds for reconsideration. These grounds can include newly discovered evidence, errors of law, misapplication of facts, procedural irregularities, or a change in controlling legal precedent. The supporting arguments should be compelling, well-reasoned, and supported by relevant legal authorities. 3. Supporting Documentation: The motion for reconsideration should be accompanied by appropriate supporting documents, such as affidavits, new evidence, relevant case law, or any other additional information that bolsters the request for reconsideration. These materials should be organized and presented in a clear and concise manner. 4. Court Hearing: Depending on the circumstances and the discretion of the court, a hearing may be scheduled to allow both parties to argue their positions and provide additional evidence or clarification. The court will carefully evaluate the arguments made and subsequently issue a ruling on the motion for reconsideration. Types of Ohio Motion for Reconsideration — Personal Injury: While there is no specific categorization of motions for reconsideration in Ohio personal injury cases, some common types may arise: 1. Motion to Reconsider Liability: This type of motion aims to convince the court that the previous determination of liability was erroneous. The party filing the motion may present newly discovered evidence or demonstrate a misinterpretation or misapplication of the law by the court. 2. Motion to Reconsider Damages: In situations where the awarded damages are deemed inadequate or excessive, a motion for reconsideration can be filed to request a reassessment of the damages. The moving must convincingly argue for a different valuation based on the evidence, medical expenses, lost wages, pain, and suffering, or other relevant factors. Conclusion: Filing an Ohio motion for reconsideration in a personal injury case is an important legal tool that enables parties to seek a review of a court's decision. Properly presenting a motion for reconsideration requires strategic planning, persuasive arguments, and a thorough understanding of Ohio personal injury laws. If you believe a court has made an erroneous ruling in your personal injury case, consult with an experienced attorney to determine if filing a motion for reconsideration is a viable recourse.