Dealing with Hearsay Evidence in Your Personal Injury Case
It appears everyone has some idea of what hearsay is. I assume that most people get their understanding of hearsay from television or movies. There have been many times that a client or witness has told me something along the lines of “I heard this witness say something, but it is all hearsay. Hearsay rules are fairly complicated. So, most non-lawyers do not fully understand how hearsay works and the ways that it can and cannot be used in court. Do not automatically assume that a statement made by someone is hearsay and therefore useless. Basically, hearsay is a statement that was previously made outside of court and then later offered in court for the truth of the matter asserted. One thing that many people do not realize is that a hearsay statement does not have to be spoken. Hearsay can be written or spoken. In other words, if someone writes a letter, that letter may be hearsay. Many people believe that hearsay simply can never be used in a personal injury case. This is not the case. There are many exceptions in which hearsay can be used in a personal injury case. First and most common, is the exception that allows what are otherwise hearsay statements to be offered in court that are from an opposing party. In other words, the plaintiff can typically use hearsay from the defendant and the defendant can use hearsay from the plaintiff. For example, if the defendant says “I ran the stop sign” at the accident scene, that statement may be used in court by the plaintiff even though it might otherwise constitute hearsay. The hearsay rule can be frustrating if it prevents you from using someone’s statement in court that would be very helpful to your case. However, there are often ways around the hearsay rule. The important thing is to make sure you tell your lawyer everything that you heard anyone say. If someone’s statement cannot be used because it is hearsay, it could cost you a valuable piece of evidence that could have helped your case.
Speak with a Personal Injury Attorney Today!
Every personal injury case is unique, and each case presents different challenges. The best way to face these challenges is to retain a personal injury attorney who understands how to obtain relevant evidence to support your personal injury claim. The amount of fair compensation that can be obtained in a personal injury case depends on many factors including the type of accident, seriousness of injuries, cost of medical treatment and therapy, to name a few. When you are injured and trying to heal, collecting vital evidence and building your claim can be stressful and a lot to handle. In cases where there is very little evidence, proving negligence can be intimidating. It is important to seek the counsel of an attorney. Insurance companies use all kinds of underhanded tactics to minimize or deny claims. If you are not knowledgeable about the personal injury claims process, you may not recover any compensation for your damages at all. At times, the services of an experienced personal injury lawyer, or at least the threat that such a lawyer presents to an insurer are totally worth it. When an insurance adjuster can see that you are being represented by an experienced and skilled personal injury lawyer, the odds of obtaining a favorable resolution of your case go way up. At our firm, our policy is that if you don’t recover compensation, you won’t pay any fees for our services. Not to mention, we also provide free case consultations where we assess the circumstances surrounding your case and give you an objective overview of what steps you can take going forward if you decide to act against the party responsible for your injuries. For over 19 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of accident and incidents. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
