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Common Objections Your Attorney May Make at a Personal Injury Trial

What Are They and How Will They Affect Your Case?

common-objections-your-attorney-may-make-at-a-personal-injury-trialIf you’ve been injured because of the carelessness or negligence of another person, and all attempts to settle have failed, you’ll need to take your claims before a judge and jury to get the outcome you want. At trial, attorneys for both sides will present physical and testimonial evidence to the jury supporting their claims. It’s a highly structured process and there are limitations on the types of evidence or information that can be brought before the jury, how attorneys can frame their questions, and the types of responses they can elicit. As a general rule, when one of the parties has violated a rule of evidence or procedure, opposing counsel will immediately express an objection. The court may immediately rule on the objection or may need to research relevant law to resolve a matter.

What Are the Most Common Objections Made in a Personal Injury Trial?

There are three specific objections that make up the bulk of those made at trial:

  • The evidence is based on hearsay—In essence, hearsay is any statement made outside of court by someone other than the party on the witness stand. Such a statement may not be used to prove the truth of the matter. Instead, the party who actually made the statement should be called to the stand to testify as to what he or she said.
  • The question asks for or has elicited an opinion, rather than a fact—The verdict must be based on a determination of the facts, not on opinion
  • The question and/or the answer is not relevant—An attorney may seek to introduce evidence that has no legal bearing on the case at hand, but may be intended exclusively or primarily to harass a witness or make the other party look bad.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

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