Latest Blogs

Personal injury litigation — in Florida and throughout the country — often turns on evidentiary issues.  For example, a defendant may attempt to argue that they did not actually cause your injuries, but if the defendant has no evidence to support their assertions, they generally cannot succeed.

Florida implements the hearsay evidence rule, which prevents certain forms of evidence from being admitted into evidence.  When bringing an action for personal injury, it’s important to understand the application and limitations of this rule.

What is Hearsay Evidence?

The introduction of “hearsay” evidence is prohibited, pursuant to section 90.802 of the Florida Statutes, but what exactly is hearsay evidence?  Section 90.801 provides a succinct definition of the term.

According to Florida statutory law, hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.  Now that’s a confusing bit of legalese!

Stated in somewhat simpler terms: hearsay is essentially a statement that the declarant made outside of a court setting that is introduced for the purpose of proving the “content” of the statement.  It’s also worth noting that hearsay statements need not be limited to verbal statements.  Written statements can also qualify as hearsay.

Still finding hearsay difficult to understand?  Consider the following.

Suppose that you are involved in a car accident with the defendant-driver. You were seriously injured in the accident, thanks to the defendant’s erratic driving that led to a collision, so you bring an action against the defendant.  At trial, you and the defendant disagree on how the events prior to the accident played out.  The defendant attempts to introduce a statement made by a supposed eyewitness (who is not available to testify in the case and cannot be cross-examined) in which the witness stated that the events progressed in a manner similar to what the defendant described.  This statement could have undermined your case, but the hearsay evidence rule prevents it from being admitted!

Why?

The statement is being offered to prove the truth of the matter asserted — in the above example, that the events progressed as the witness described — and the witness did not make those statements at trial or in a hearing where he could have been cross-examined.

Generally speaking, the hearsay rule exists because the courts deem it unreasonable to allow statements where the declarant has not been cross-examined (or at least, where the opportunity to cross-examine the declarant was not available).

Exceptions May Apply

Exceptions to the general rule against hearsay admissibility may apply.  Sections 90.803 and 90.804 of the Florida Statutes describe several exceptions to the hearsay rule, which include, but are not limited to statements that are:

• Spontaneous
• Excited utterances
• Relate to the mental/emotional/physical condition of the declarant at the time
• Recorded recollections
• Public records and reports
• Statements against interest
• Admissions by a party opponent
• And more

As a personal injury plaintiff, you’ll want to make full use of the hearsay evidence rule to prevent the admission of statements that undermine your claims.  You’ll also want to make full use of the various exceptions so as to introduce hearsay statements that favor your arguments.

Schedule a Free Consultation With an Experienced Fort Myers Personal Injury Lawyer

If you have suffered injuries in an accident that was caused as the result of the negligence, omissions, or wrongful acts of another, you may have the right to sue and recover damages from the defendant pursuant to Florida law.  Defendants may try to avoid liability by introducing evidence that could undermine your claims — fortunately, evidentiary regulation in Florida prohibits the introduction of hearsay evidence.  With the aid of a skilled attorney, you can exclude sensitive information from being admitted into evidence.

Call (888) 477-4839 today or submit an online form to connect with an experienced Fort Myers personal injury lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A.  Randall Spivey and his team will provide a free and confidential consultation to discuss your legal rights.