In most New Mexico personal injury cases, the parties do not agree on the underlying facts. For example, in a car accident involving two motorists, each motorist may claim that the accident was caused by the other driver. In many personal injury cases, this hypothetical situation creates an issue of fact that would need to be resolved by a judge or jury.
If the parties do agree on the underlying facts, and the only issues that need to be resolved are legal in nature, a judge can resolve the case through a motion for summary judgment. An example of this would be if both motorists agreed on what happened prior to the accident, but each believes that the law is on their side. In these cases, the judge resolves the legal issue, and the case is resolved.
Assuming that the parties do not agree on the underlying facts, the question then becomes which version of the facts will the jury adopt. This is where the importance of an experienced trial attorney comes into play. An attorney who is well versed in cross-examination can expose a party’s bias and may be able to establish that a witness is attempting to cover up certain facts.