Hearsay In Nevada Injury Cases: Impact On Your Claim

The Effect Of Hearsay On Nevada Injury Claims: What To Know

Nevada Rules of Evidence are important to be aware of if your personal injury accident goes to court. Nevada’s Rules of Evidence are what decide which evidence is admissible and inadmissible in court.

Your Nevada personal injury lawyer will work with you to create a case, acquiring evidence that can be used in court. Being aware of the Rules of Evidence can help you and your lawyer determine the evidence to use to secure the most favorable outcome in your case.

What Defines Relevant Evidence In Nevada Injury Cases?

Lawyer and client handshake at Benson Bingham, concluding a Nevada Injury Claim discussion.According to Nevada Revised Statute Chapter 48, when it comes to evidence in Nevada court, evidence is admissible if it is relevant. For example, if you’re trying to prove that you got hurt on a broken step, rubble and cracks around that step can be evidence. Whether your favorite sports team is doing poorly is not.

The ‘relevant evidence is admissible’ rule does have some exceptions. Some ‘admissible’ evidence may be dismissed if it is deemed too prejudicial to either party or could be confusing or misleading to the jury. Las Vegas personal injury attorneys are well-versed in relevant evidence and can help you navigate what is admissible.

Ensuring Your Physical Evidence Is Admissible In Nevada Courts

When it comes to physical evidence, like photographs or documents, there are specific rules found in Nevada Revised Statutes Chapter 52. To prove that your physical evidence can be used, there must be a witness declaring the physical evidence is what you say it is.

Some physical evidence does not need a witness as it is self-authenticating. Public records are a good example of something that needs no witness because it is already certified by a city, county, or the like. Carefully consider your physical evidence and choose the pieces that are most likely going to get solid testimony from a witness.

Infographic that explains a hearsay of a Nevada injury case

Hearsay Of a Nevada Injury Case

Hearsay is an important part of a Nevada injury case that can be used as evidence under certain circumstances. Hearsay is a statement said out of court that helps prove a case. An example of hearsay is when a witness testifies about a statement made by someone who is not testifying in court. For instance, if a witness says, “John told me he saw the defendant at the crime scene,” and John is not present to testify, this would be hearsay.

Hearsay can be used as evidence when the witness is willing to testify in trial. However, if they do not testify, then it cannot be used. There are some exceptions to the rule as to when hearsay can be used as evidence:

  • Statements made by a person that are against their interest and could expose them to liability.
  • Statements are made by a person who believes they are facing imminent death and has no hope of recovery.
  • Statements made by a person while under the stress or excitement of a startling event.
  • Statements describing or explaining an event or condition made while the declarant was perceiving the event.

It’s important to note that the admissibility of hearsay evidence depends on the specific circumstances of each case. Courts carefully evaluate whether the statement falls within a recognized exception and whether it meets the necessary criteria for reliability. For the hearsay rules, consult with your Las Vegas car collision lawyer or consult with Nevada Revised Statutes Chapter 51.

Attorney discussing a Nevada Injury Claim with a client at Benson Bingham office.

Inadmissible Evidence May Still Lead To Discovery

Nevada’s Rules of Evidence are strict and limiting, but if you’re building a case, you may want to consider both your admissible evidence as well as your inadmissible evidence. Evidence of all kinds can lead to helpful information that points towards discovery.
When building a case with your attorney, consider all the evidence at your disposal regardless of the Nevada Rules of Evidence. Once you have everything compiled, you can choose the evidence that will be most helpful and admissible in your court proceedings.

Rely On Our Team Of Top-Notch Las Vegas Personal Injury Attorneys!

When facing personal injury claims in Las Vegas, rely on our team of top-notch attorneys at Benson & Bingham to provide exceptional legal representation. Our skilled personal injury lawyers have a proven track record of securing favorable outcomes for our clients, offering expertise in navigating complex cases and advocating for the compensation you deserve.

Trust our dedicated team to guide you through the legal process. Contact us today!

 

Nevada Personal Injury Attorney
Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys

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Benson & Bingham Accident Injury Lawyers

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