A decision has been issued by the Supreme Court of Texas in regard to a personal injury case brought by a woman who was injured in two car accidents just a few months apart. According to the decision, the woman was driving in Zapata County, Texas when a truck rear-ended her vehicle. The woman claims that her aunt took her to the hospital. However, the record does not show any medical records from that visit to the emergency room. Shortly after the accident, the woman went to see a surgeon after she began experiencing neck and back pain. She began physical therapy for approximately two months.
Shortly after her physical therapy ended, the woman was involved in yet another car accident. This time, she was transported to the hospital in an immobilization board. She told the doctors that she was having pains in her head, neck, and chest. She then went back to the doctor at the end of the month, when it was discovered she had two herniated discs.
The woman then sued the employer of the truck driver from the first accident, claiming that his negligence caused her injures. Both she and the defendants called different doctors as expert witnesses. The defendants claimed that the woman was not suffering from a trauma-related injury and the second accident could have been the cause of her pain. The lower courts dismissed the plaintiff’s pretrial motion to exclude all evidence of the second accident. However, the Supreme Court of Texas found that evidence from that accident was relevant and remanded the case for a new trial.
Federal Rules of Evidence Regarding Relevance
As the above case illustrates, evidence can make or break a case, and it is important that anyone who hopes to bring a case of this nature understands the rules of evidence. The federal rules of evidence address what type of evidence is admissible in a court proceeding. Evidence is considered relevant if it has “the tendency to make a fact more or less probable than it would be without the evidence and the fact is important to determine the action.”
A plaintiff or defendant can attempt to exclude evidence if they can successfully establish that the probative value of the evidence is substantially outweighed by a danger of either confusion, undue delay, misleading the jury, or unfair prejudice.
New Mexico Rules of Evidence Regarding Relevance
In New Mexico, one of the preliminary questions the court must address is whether evidence is admissible, a privilege exists, or a witness is qualified as an expert. To determine whether evidence is relevant, the court will decide whether the asserted fact exists and whether proof needs to be introduced to support that finding.
The questions of relevance can drastically change the outcome of a case, and it is important that the rules are followed precisely to avoid delay and the possibility of lengthy appeals. It is important to contact an experienced attorney so that your case can be properly assessed as soon as possible.
Have You Been Injured in a New Mexico Car Accident?
If you or a loved one has been injured in a New Mexico car accident, it is highly recommended that you contact an attorney at the Fine Law Firm. Our attorneys have years of experience handling all stages of a lawsuit and will persuasively present evidence to the trier of fact. If you are successful, you may be entitled to substantial monetary compensation for the damages that you incurred as a result of your accident. Call our Albuquerque car accident lawyers at 505-889-FINE to schedule a free initial consultation.
More Blog Posts:
Family of Man Killed by New Mexico Police Office Files Suit, New Mexico Personal Injury Lawyer Blog, April 1, 2015.
Skateboarder Hit and Killed in Fatal DUI Accident in New Mexico, New Mexico Personal Injury Lawyer Blog, February 25, 2015.