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Hearsay; What Would You Like to Know?

Writing Notes

Personal Injury Law Glossary

A hearsay is a statement that was given to a witness, who then repeats the statement in court. Not all such statements are hearsay. In order to be considered hearsay, the statement needs to state—or imply—a fact.[1] Hearsay evidence is not allowed in personal injury suits. This is known as the “rule against hearsay”. Hearsay prohibitions exist in order to provide a jury with the most accurate information related to the injury so that jurors can make a fair and just decision.[2]

If there is a key fact in your case that needs to be proven, your attorney will either search for witnesses or other proof of that fact, or they will look for a hearsay exception. You must be very careful about the type of evidence that you compile for your case. Your attorney may very well need to use some sort of hearsay evidence to help prove your case. However, when you are relying on some type of hearsay statement, the person who originally spoke that statement can come under attack in court, even if they are not testifying. Hearsay makes personal injury cases far more complicated, and it is yet another reason why you absolutely need an attorney. Call KI Legal to discuss your case.

[1] Devon S. v. Aundrea B.-S, 32 Misc. 3d 341, 343 (N.Y. 2011).

[2] Exceptions To Hearsay: Hearsay can be allowed if the circumstances make it sufficiently reliable. There are other noted exceptions, like deathbed declarations. If the witness can’t be interviewed (because they’re dead), these declarations are sometimes allowed by the court.



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KI Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, KI Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.

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