Summary Judgments in Civil Cases: Is There A Gender Bias?

COLUMBUS, Ohio. If you’re seeking damages for a personal injury case in Columbus, Ohio, it is important that you and your personal injury lawyer present a strong case from the outset. Part of presenting a strong case involves showing the courts that legitimate legal issues must be argued in trial. One of the ways in which a defendant may try to win a personal injury case, is to ask that the judge issue a summary judgment. According to Ohio Legal Services, a Motion for Summary Judgment asks the court to stop a lawsuit from going to trial. Summary Judgments are generally issued when a judge decides that the lawsuit isn’t raising legitimate legal issues and that a trial isn’t needed. If the courts grant a Motion for Summary Judgment, a case doesn’t get to go to trial, so this outcome can put an end to a lawsuit. Because a Summary Judgment can have such a serious impact on a lawsuit, it is important to seek a qualified personal injury lawyer in Columbus, Ohio who can fight for your rights and for your case to go to trial, if necessary. If you’ve been hurt in a car accident, motorcycle accident, semi-truck accident, or suffered another injury due to another person or company’s negligence or neglect, E. Ray Critchett, L.L.C. in Columbus may be able to help you.

Summary Judgments are only meant to be issued in cases where individuals bring lawsuits with no legal basis to the courts. Yet, recent studies have found that Motions for Summary Judgments in Civil Cases have their flaws. A study performed by a researcher at Brooklyn Law School, found that women plaintiffs are more likely to face Summary Judgment rulings in their cases. The researcher found that judges tend to rule against women in federal court cases where Summary Judgment has been requested. Judges may have an unconscious bias against women plaintiffs and women who are bringing forth cases. This may also be due to a lack of diversity amongst the decision makers themselves. It is well documented that people in power, including judicial power, tend to rule favorably toward people similar to themselves. A female judge may be more empathetic toward a woman’s case, and a male judge may likewise tend to rule more favorably toward men with similar backgrounds.

The researchers showed concerns for the Summary Judgment process, which limits individuals’ rights to have their case heard by a jury in a public forum. Summary Judgments are therefore an area of the law where judicial bias can exist without checks or balances. At the end of the day, if a case is being brought forth for Summary Judgment, it can help to have a qualified lawyer fighting on your side.

If you believe you’ve been hurt due to another person’s negligence or neglect or have questions about whether you may be entitled to a recovery under the law, it may be wise to speak to a personal injury lawyer as soon as possible. The Columbus, Ohio personal injury lawyers at E. Ray Critchett, L.L.C. are here to help. Visit www.buckeyelaw.com for more information.