Common reasons include lack of evidence, undisputed facts, or a legal argument that clearly favors one side without the need for a trial.
In Colorado, you generally have two years from the date of death to file a wrongful death claim. It’s important to act swiftly!
A failure of valid cause of action means that the court believes the claim doesn’t have a solid legal basis to proceed. This usually leads to dismissal if proven.
Yes, you can challenge a motion for summary judgment by presenting evidence that shows there are still facts that need to be considered in a trial.
If the court grants the motion, it means they agree there’s no basis for the case to continue, and the wrongful death claim may be dismissed.
Heirship is about who is legally recognized as a family member of the deceased. In a wrongful death claim, only heirs can seek damages, so establishing who those heirs are is crucial.
A motion for summary judgment is a request to a court to decide a case without going to trial because there are no facts in dispute. In a wrongful death case, it means the defendant believes there’s no valid claim against them.
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Aurora Colorado Motion for Summary Judgment - Heirship - Wrongful Death Case for Failure of Valid Cause of Action