If every Buffalo personal injury trial required that all possible issues in the case be disputed, the courts would become bogged down with lengthy trials in which irrelevant points were being contested. As a result, our trial system has developed in such a way that most trials will only involve a few contested points.
Generally, the entire process leading up to trial is – to some extent – designed to narrow the issues that will be contested at trial. In most cases, the parties will actually agree on many of the underlying facts in the lawsuit. After going through the process of exchanging information and deposing various witnesses, there may be even more facts that the parties agree upons. As a result, there are usually only a handful of facts actually in dispute that will be heard at trial.
When certain facts are not in dispute, the parties may stipulate to these facts prior to trial, which removes them from being at issue and simplifies the trial. In some cases, the court itself may determine that certain facts or issues are beyond dispute and rule that they have been decided upon as a matter of law prior to trial, also removing them as issues.
If you have suffered a personal injury and need help, please call us. We can be reached at 716-542-5444.
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