The Following People Contributed to This Page
Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.
- July 8, 2025
What Is the Hearsay Rule in New York Personal Injury Cases?
Quick Answer: In New York personal injury cases, the hearsay rule generally prohibits the use of out-of-court statements to prove the truth of the matter asserted. This means that if a witness is repeating something they heard from someone else to prove a fact, that statement is likely considered hearsay and inadmissible unless it falls under a specific exception.
Here’s a breakdown of the hearsay rule:
- What Is Hearsay?: Hearsay is defined as an out-of-court statement offered in court to prove the truth of what was stated. This statement can be oral, written, or even non-verbal conduct intended as an assertion. The critical factor is that the statement’s purpose in court is to prove the accuracy of the assertion, rather than for some other purpose.
- Example: If a witness testifies that they heard someone say, “The other driver ran the red light,” that statement is typically hearsay if its sole purpose is to prove that the other driver indeed ran the red light.
- Why It Is an Issue in Personal Injury Cases: Personal injury cases often rely heavily on establishing crucial facts such as fault, negligence, and the extent of damages, which can be based on witness observations or heard information. If witnesses can only testify about what they heard from others (out-of-court statements), it becomes challenging to prove necessary elements of the case, as the original speaker may not be available for testimony or cross-examination, impacting the ability to challenge the statement’s reliability.
- Hearsay Exceptions: New York law recognizes several specific exceptions to the hearsay rule. If a statement falls under one of these recognized exceptions, it can be admitted as evidence, even though it technically originates from an out-of-court source and would otherwise be excluded. Some common exceptions include:
- Present Sense Impression: A statement describing or explaining an event or condition made while the declarant was perceiving the event or immediately thereafter. This exception relies on the spontaneity of the statement.
- Excited Utterance: A statement relating to a startling event or condition made while the declarant was under the stress of excitement that it caused. The spontaneity under stress lends it reliability.
- Business Records: Records made in the regular course of a business activity, such as certain accident reports or medical records, can be admitted if specific conditions related to their creation and regular practice are met.
- Public Records: Official records and reports made by public officials, such as certain police reports or government agency documents, may also be admissible if they meet defined criteria for reliability.
- Dying Declarations: Statements made by a person who believes their death is imminent, specifically relating to the cause or circumstances of their death, can be admitted.
In essence, while the hearsay rule aims to prevent unreliable evidence from being considered by the court, New York law acknowledges that some out-of-court statements possess sufficient guarantees of trustworthiness to be admitted under specific, narrowly defined exceptions.
If you’re dealing with a case involving complex evidence, such as witness statements, it’s important to understand how the hearsay rule could affect your claim. Whether you were injured in a car crash or a workplace accident, knowing what evidence counts and what doesn’t can make a big difference. For help with your situation, contact The Orlow Firm at (646) 647-3398 to speak with a dedicated NYC personal injury attorney.
Why Is Hearsay Usually Not Allowed in Court?
Hearsay is usually not allowed in court because it can be unreliable. In legal terms, “hearsay” means repeating something someone else said, especially if the person who originally made the statement is not in court to explain or be questioned about it.
In a personal injury case, both sides need to present strong and trustworthy evidence. If a statement is made outside of court and the speaker isn’t available to testify, the other side has no way to ask questions or confirm the truth. This could lead to unfair results.
Here are a few reasons why hearsay is often kept out of the courtroom:
- It cannot be tested for truth . If the original speaker is not in court, the judge or jury can’t judge their tone, body language, or honesty.
- No cross-examination . Lawyers can’t question the person who made the statement to see if it makes sense or matches other facts.
- Risk of false claims . People may repeat things that are wrong or misunderstood, and the court would have no way to check if the details were correct.
This rule helps make sure that only strong and fair evidence is used during a trial. That way, decisions are based on facts, not rumors or secondhand information.
However, there are some exceptions to the hearsay rule where such statements may be allowed. These are only used when the statement fits certain legal standards and still allows for a fair trial process.
In New York City personal injury cases, both sides must follow the rules about hearsay carefully. If you’re concerned that hearsay may be affecting your case, it’s important to speak with a qualified legal professional. For help understanding your rights, call The Orlow Firm at (646) 647-3398 for a free consultation.
When Can Hearsay Be Used as Evidence in NYC Personal Injury Trials?
Although hearsay is usually not allowed in court, there are some situations where it can be used during a personal injury trial in New York City. Courts may make exceptions if the hearsay meets certain legal standards. These exceptions exist to ensure fairness when reliable information may still help a case, even if the person who made the statement is not testifying in court.
Here are some common situations where hearsay might be accepted in a NYC personal injury trial:
- Excited utterance: If someone made a statement during or right after a shocking event, and they were still emotional or stressed, that statement may be allowed. For example, after a car crash, if a person screamed, “He ran the red light!” that might be considered an excited utterance.
- Present sense impression: This applies when someone describes what they are seeing or experiencing as it happens. For example, a person saying, “That car is swerving into the bike lane,” right when it’s happening could be allowed as evidence.
- Statements for medical treatment: If a person tells a doctor what hurts or how they were injured, those statements can often be used in court. This is because medical staff rely on accurate information to treat someone properly.
- Business records: Records like medical bills, employment records, or store incident reports may be accepted, even if the person who wrote them isn’t in court. These documents must be made in the normal course of business and considered trustworthy.
- Dying declarations: In rare situations, if someone believes they are about to die and makes a statement about how they were injured, that statement may be allowed. Personal injury cases involving wrongful death may include this type of evidence.
In each case, the court decides if the hearsay meets the rules to be used. The judge will consider how reliable the statement is, whether the person who made it is available to testify, and if the statement helps prove something important in the case.
In New York City personal injury trials, these exceptions are carefully reviewed. Even if hearsay is allowed for one reason, it still needs to support your case clearly and fairly. It’s important to have a legal team who understands when and how these rules apply.
If you’re concerned about hearsay being used in your personal injury case—or if you think it could help your claim—call The Orlow Firm at (646) 647-3398 for a free and confidential consultation. We’re here to help you understand your rights and protect your interests in court.
What Are Some Common Exceptions to the Hearsay Rule in New York?
While hearsay is usually not allowed in New York courts, there are several important exceptions. These exceptions are situations where hearsay can be admitted and considered as valid evidence. New York law recognizes many of these exceptions to make sure important and reliable information isn’t left out just because it came from someone not testifying in court.
Here are some of the most common exceptions to the hearsay rule in New York:
- Excited Utterance: A statement made during or right after a shocking or stressful event. The idea is that the speaker was too surprised or afraid to lie.
- Present Sense Impression: A comment made while the person was watching an event happen or right after. The quick timing adds trust that the statement is true.
- Statements for Medical Treatment: Things people say to doctors or nurses about how they were injured can be used if made for getting medical help. These statements are believed to be truthful because people want correct treatment.
- Business Records: Written records made during regular business activities—like accident reports or medical charts—may be allowed if certain rules are met. These records are seen as reliable because they are part of routine work.
- Admissions by a Party: If someone involved in the case says something against their own interest, that statement may be allowed in court. For example, if a driver admits fault in an accident, that could be used as evidence.
- Dying Declarations: In rare situations, if someone makes a statement while they believe they are about to die, that statement may be allowed. It must relate to the cause of death.
- Statements Against Interest: Sometimes people say things that could get them in trouble or lose them money. These kinds of statements may be allowed in court, especially if the person is not around to testify.
These exceptions are especially important in personal injury cases in New York City. For example, a doctor’s report about your injuries can support your case even if the doctor cannot appear in court. A 911 call made during an accident may qualify as an excited utterance and help explain what happened.
It’s important to remember that just because a statement fits an exception doesn’t always mean it will be allowed. The judge still decides if it’s reliable and relevant. If hearsay evidence is being used in your case, a personal injury lawyer can help you understand your rights and whether that evidence should be challenged.
How Does the Hearsay Rule Affect Personal Injury Cases in NYC?
The hearsay rule can play a major role in NYC personal injury cases. Whether you’re trying to prove your injuries, show what caused the accident, or defend yourself against a false claim, hearsay affects what evidence a jury can hear.
In most trials, hearsay is not allowed. That means a person usually cannot testify about what someone else said outside of court. This is because hearsay statements are not made under oath, and the person who made the statement can’t be questioned in court. In a personal injury case, this matters when trying to prove who was at fault or how badly someone was injured.
For example, if a bystander says, “I heard the driver admit he was texting,” that statement may not be allowed in court unless it fits an exception to the hearsay rule. Even if the statement seems helpful, it can be thrown out because it doesn’t give the other side a chance to challenge it.
This rule can affect:
- Witness Testimony: A witness can give facts they saw or heard themselves, but they usually can’t repeat what someone else told them.
- Medical Records: Some records include statements from patients or family members. These parts of the record may be considered hearsay unless they meet an exception.
- Police Reports: Police often include witness statements in their reports. These statements may not be allowed unless the witness testifies in court.
That’s why lawyers must carefully plan how to present evidence. They may need to bring in the person who made the statement to testify. Or, they may find another way to prove the same fact using non-hearsay evidence or a hearsay exception.
In New York personal injury trials, understanding the hearsay rule can be the difference between getting crucial evidence into court—or losing the chance to tell your full story. Working with an attorney can help ensure your case follows New York’s complex evidence rules and avoids common issues with hearsay.
If you have questions about how hearsay could affect your personal injury claim in New York City, call The Orlow Firm at (646) 647-3398 for a free consultation.
Can Witness Statements Be Considered Hearsay?
Yes, witness statements can be considered hearsay under New York law. Hearsay is any statement made outside of court that is used in court to prove that something is true. This includes statements made by witnesses to police officers, insurance companies, or even family members if the witness is not testifying in court themselves.
For example, if someone says, “My friend told me the light was red before the crash,” that would likely be considered hearsay. This is because the original speaker (the friend) is not in court to testify, and the statement is being used to prove that the light was indeed red.
However, there are times when a witness statement may be allowed, even if it is technically hearsay. Courts in New York recognize several exceptions to the hearsay rule.
Common situations where a witness statement could be hearsay:
- Police reports: If a police officer testifies to what a witness told them at the scene, it may be hearsay unless the witness also testifies in court.
- Written statements: A written statement from a witness who cannot or does not appear in court is usually considered hearsay.
- Medical records: If a patient tells a doctor how an injury happened, and that gets recorded, the statement may be excluded unless it meets an exception.
When can a witness statement be used, even if it’s hearsay?
- Excited utterance: A statement made right after a shocking or stressful event may be allowed because it’s believed to be more truthful.
- Present sense impression: If the witness described what they saw while it was happening, the statement might be allowed.
- Witness testifies in court: If the person who made the statement testifies in court and is available for questioning, their earlier statements may be admitted.
In New York City personal injury trials, courts are very careful about what can and cannot be used as evidence. Hearsay rules help keep out unreliable statements, but they also make the trial process more complex. That’s why understanding when a witness statement is allowed can make a big difference in your case.
If you believe a hearsay statement was used against you or you’re unsure if certain evidence is allowed, it’s a good idea to seek legal advice. Call The Orlow Firm at (646) 647-3398 to discuss your options and better understand how the hearsay rule may affect your case.
What Should You Do If Hearsay Evidence Is Used Against You?
If hearsay evidence is brought against you in a personal injury trial, it’s important to act quickly and carefully. Hearsay is a statement made outside of court that someone tries to use as evidence during trial. In most cases, this type of statement is not allowed, but there are some exceptions. Understanding how to handle it is key to protecting your case.
Here are the steps you should take if someone uses hearsay against you in court:
- Inform your lawyer right away: If you believe a witness or attorney is using hearsay, tell your lawyer as soon as possible. Your lawyer can object to it during the trial and ask the judge to exclude the statement.
- Understand why it may be allowed: Not all hearsay is banned. Some types of hearsay are allowed in court under certain rules. For example, statements made during a medical emergency or business records might be allowed. Your lawyer can check if the hearsay fits one of these exceptions.
- Prepare a response: If the statement is already in the record, your lawyer can still fight it. They may show that it’s unreliable or offer other evidence that proves it false or misleading.
- Gather your own evidence: Work with your lawyer to collect strong evidence that supports your side. This may include eyewitnesses, photos, medical records, or expert opinions. Strong evidence can limit the damage caused by hearsay.
- Stay calm during the trial: It’s tough to hear something unfair in court, especially if it feels false. But it’s important to stay composed. Trust that your legal team is working to address it within proper court procedures.
For example, let’s say you were injured in a car accident on a busy Bronx street. At trial, someone says, “My cousin told me you ran the red light.” That’s likely hearsay—it’s not something the person witnessed themselves. Your lawyer can ask the judge to strike that statement from the record.
Facing hearsay evidence can be frustrating and confusing, especially during an already stressful injury case. Having a legal team that understands New York courtroom rules can make a big difference. To discuss your situation, call The Orlow Firm at (646) 647-3398 for a free, confidential consultation.
Frequently Asked Questions About the Hearsay Rule in NYC
- What does “hearsay” mean in a personal injury case?
Hearsay is a statement made outside the courtroom that is offered in court to prove that something is true. For example, if someone says, “I heard the driver say he was texting during the crash,” that might be considered hearsay. In most cases, hearsay is not allowed as evidence in New York courts. - Why is hearsay usually not allowed in court?
Hearsay is often not allowed because the person who made the original statement is not in court to be questioned. This makes it harder to know if the statement is reliable or truthful. Courts want witnesses to speak directly so lawyers and judges can ask them questions. - Are there any exceptions to the hearsay rule in NYC?
Yes, there are many exceptions. New York courts may allow hearsay in special situations. Some common exceptions include:- Excited utterance : A statement made during or right after a shocking event, like “That car came out of nowhere!”
- Medical treatment statements : Things a patient says to a doctor when seeking help, such as “My neck started hurting after the crash.”
- Business records : Documents made during regular business activities, such as hospital records or repair invoices.
- Dying declarations : If a person believes they are dying and make a statement about what happened, it may be allowed as evidence.
- Can texts, emails, or social media posts be hearsay?
Yes, they can be. If someone offers a text or post to show the truth of what it says, it might be hearsay. However, just like verbal statements, some written messages may fall under an exception and be allowed in court. - Can police reports be used as evidence?
It depends. Parts of a police report may be considered hearsay, especially if they include witness statements. However, certain sections that reflect the officer’s own observations might be allowed, depending on the case and the judge’s decision. - What happens if hearsay is used during a trial?
If one side tries to use hearsay, the other side can object. The judge will then decide whether the statement can be used. Judges in New York personal injury cases follow specific rules when it comes to hearsay, so decisions can vary based on the facts. - Is every out-of-court statement considered hearsay?
No. A statement is only hearsay if it’s offered to prove the truth of what it says. For example, if someone says, “She yelled, ‘Watch out!’” to show the person was aware of danger, it might not be hearsay because it’s not used to prove that danger actually existed, just that someone warned about it. - How can a lawyer help you deal with hearsay issues?
An experienced personal injury lawyer knows how to handle hearsay evidence. They can object when improper hearsay is used against you or find ways to admit important statements that fall under exceptions. Hearsay rules can be tricky, so having legal support can make a big difference.
If you have more questions about hearsay and your personal injury case in New York City, call The Orlow Firm at (646) 647-3398 for a free and confidential consultation.
Get Help Understanding the Hearsay Rule—Contact The Orlow Firm for a Free Consultation
Understanding what is and isn’t allowed in court can be confusing, especially when it comes to something like the hearsay rule. If you’re involved in a personal injury case in New York City, and someone brings up hearsay evidence—or you’re worried it might come up—it’s important to speak with an attorney who can help you make sense of it all.
At The Orlow Firm, we know how challenging it can be to deal with court rules while trying to recover from an injury. Our team takes the time to explain legal concepts, like the hearsay rule, in plain language so you aren’t left guessing. We aim to make sure your voice is heard, and unfair or unreliable evidence isn’t used against you.
The hearsay rule can affect many parts of your case, such as:
- Witness statements: If someone says, “My friend told me the driver ran a red light,” that may be considered hearsay and not allowed in court.
- Medical records: Some medical documents can be used in court, but others may require special steps like certification or live testimony.
- Police reports: Parts of a report may be excluded if they contain second-hand statements rather than direct observations.
Knowing which statements are allowed and which are not can make a big difference in your personal injury case. Whether you’re making a claim or defending yourself, you deserve clear and reliable information.
We offer free, no-obligation consultations, so you can ask questions and learn your options before deciding what to do next. To speak with a personal injury lawyer familiar with New York City court rules and how the hearsay rule may affect your case, call (646) 647-3398 today.
Let The Orlow Firm help you better understand the legal process so you can focus on healing. We’re here when you need us.
The Following People Contributed to This Page
Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.
