Pennsylvania Motion for Reconsideration — Personal Injury In the legal landscape of Pennsylvania, a Motion for Reconsideration can play a significant role in the realm of personal injury cases. This formal request provides an avenue for parties involved in a personal injury lawsuit to seek a review and possible alteration of a prior court decision. A Motion for Reconsideration aims to bring attention to legal errors or overlooked evidence that may have affected the outcome of the case. Personal injury cases encompass a broad range of situations, including but not limited to vehicle accidents, slip and falls, medical malpractice, product liability, and workplace injuries. When the outcome of such cases doesn't meet the satisfaction of one party due to perceived errors, the Motion for Reconsideration becomes a vital tool. The Pennsylvania court system recognizes different types of Motions for Reconsideration that could be relevant to personal injury cases. These types may differ based on the stage of litigation and the errors being challenged. Some variations include: 1. Motion for Reconsideration of a Dismissal: This motion seeks to challenge the dismissal of a personal injury case. It asserts that the court erred in its decision to dismiss the case and provides arguments or newly discovered evidence that may warrant reopening of the matter. 2. Motion for Reconsideration of a Summary Judgment: After a personal injury case reaches the summary judgment stage, this motion can be filed to contest the court's decision. Parties argue that material facts were overlooked or wrongly interpreted, leading to an incorrect judgment. 3. Motion for Reconsideration of a Verdict: Should a personal injury case go to trial and an unfavorable verdict is rendered, this motion can be employed to request a reevaluation. It highlights legal errors made during the trial or important evidence that was not properly considered. 4. Motion for Reconsideration of Damages: If the awarded damages in a personal injury case are deemed insufficient or excessive, this motion can be filed to seek a review. It emphasizes errors in calculating the damages or presents substantial evidence that justifies an adjustment. During the submission of a Motion for Reconsideration in Pennsylvania personal injury cases, detailed supporting documentation, legal precedent, and persuasive arguments are crucial. The motion must clearly articulate the alleged errors, demonstrate why they are substantial, and present a compelling case for reconsideration. It is crucial to consult with an experienced personal injury attorney who can navigate the complexities of the legal system and effectively represent the interests of the injured party. In conclusion, the Pennsylvania Motion for Reconsideration plays a significant role in personal injury cases. It allows an aggrieved party to challenge a prior decision, be it a dismissal, summary judgment, verdict, or damages award. The motion seeks to rectify legal errors or present overlooked evidence that can potentially lead to a more favorable outcome in the personal injury litigation process.
Pennsylvania Motion for Reconsideration - Personal Injury
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Motion for reconsideration grounds Typically, defendants establish at least one of the following grounds if applicable in their case: The final decision was based on an incorrect interpretation or application of the law; There has been an intervening change in the applied law; or.
A motion to reconsider must state with particularity the errors of fact or law in the prior Board decision, with appropriate citation to authority and the record. If a motion to reconsider is premised upon changes in the law, the motion should identify the changes and, where appropriate, provide copies of that law.
A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion for reconsideration is an application to the Court requesting that the Court alter or amend a judgment or order, and it must be served no later than twenty (20) days after the order has been served on all parties.
Just as with your motion to stay, begin your motion for reconsideration by stating who you are, what you are asking of the judge, and which rule gives you permission to ask. From there on out, use the rule itself as a general outline for your motion.
App. 4th 150, 160). Unlike a motion for reconsideration, a renewed motion does not ask the court to modify, amend, or revoke the prior order, but instead it is a pure renewal of the first motion.
The request for reconsideration must clearly show an error of fact or law material to the decision. The Judge may also reconsider a decision on his or her own initiative.