The strength of your evidence in court is the foundation on which your personal injury case is won or lost. You want the strongest evidence possible, which often includes things like eyewitness testimony and photos from the accident scene.
But what about the inclusion of what people say? If the other party admitted fault at the time, can you present this as evidence? If an eyewitness can’t come to court, can you include their version of events? And how can you avoid using (or allowing the other side to use) hearsay? Here are some answers to your questions.
What Is Hearsay In Court?
Most people are familiar with the idea of hearsay. It generally refers to something you were told (or overheard) from a second-hand source. It often starts with phrases like “I heard” or “someone said”. In legal terms, the definition of hearsay is made concrete. Hearsay is any statement made outside of court which is then presented as evidence inside court.
Why so broad? Court cases are meant to be decided on the evidence — including spoken or written statements — presented within the trial or hearing. Therefore, that statement must be made in court to be appropriate. In most cases, this is solved by having the person who made the statement appear in person in court where they can make the statement and be examined.
Is Hearsay Concrete?
As mentioned, legal hearsay is very broad. That can be challenging for many personal injury plaintiffs who rely on incident witnesses, professional opinions, medical providers, and others outside the court setting. While some of these individuals can appear in court to make their statements, it’s not always possible for many reasons.
The good news is that some specific exceptions exist to the hearsay rule that may help you. One of the most common is known as ‘excited utterances’. These are statements made in an emotional state, usually in the immediate aftermath of an accident or incident. Another important exception involves statements made by the other side of your case. This is generally because the speaker is present to be examined about it.
You may also be able to introduce statements made at the time if they show the speaker’s state of mind or mental status. Wild statements, for example, may demonstrate that they were not in their right mind or possibly even that they were under the influence.
What about Written Records?
One particularly important exception to the hearsay rules is known as the business records exception. This rule allows you to introduce written records made by a professional or employee in the normal course of their business. Personal injury cases often rely on business records in the form of police reports, insurance reports, mechanics’ notes, medical records, DMV records, etc.
To qualify for admission, the records must meet the criteria to be deemed not hearsay. They usually must be written records which are commonly created and kept by the business. They have to be trustworthy, which includes being made by an appropriate individual and not self-serving. And someone with first-hand knowledge — such as a medical provider — must have made them.
What If a Witness Can’t Be in Court?
Not every person involved in your case can appear in person to make their statement and be cross-examined. And if a particularly important part of the puzzle can only come from someone who is not available for court, is your case ruined? It doesn’t have to be. You may be able to use it in certain circumstances.
The most common means is through a deposition that was taken at some point in the past. Depositions are sessions where the individual is placed under oath and asked questions by attorneys or representatives of both lawsuit parties. The legal nature of depositions means that the judge or jury may usually view them and weigh them as part of your case.
In addition, a few less common exceptions may be necessary. Deathbed confessions are statements made when a person believes death is imminent. They are given weight due to the unique circumstances. Similarly, if the statement goes against their own personal interests — such as that they admitted to a possible criminal offense like driving while intoxicated — it may be allowed.
Where Can You Learn More?
If you worry that some of your evidence will violate the hearsay rules or you want to ensure that nothing falls into this category, start by meeting with a qualified personal injury attorney in your state.
Siben & Siben LLP is ready to help Long Island residents and personal injury victims. We will assist you in gathering the strongest evidence possible and preventing your oral or written evidence doesn’t fall foul of the hearsay rules. Call today to make an appointment or learn more.