Hearsay refers to out-of-court statements presented by another party as evidence in a trial who aim to submit such declarations as facts. These statements are typically inadmissible if an opposing party makes a timely objection. Some exceptions to hearsay inadmissibility exist, although those introducing these statements as evidence can expect to argue against an objection. In wrongful death claims, plaintiffs may rely on such exceptions to enter key evidence, which can profoundly affect the case’s outcome. Explore how hearsay issues might impact a wrongful death case, and discover how an experienced Mississippi personal injury attorney from Lott Law can aid individuals with wrongful death claim filings. Call (228) 215-2787 today to arrange an initial case review.
What Is a Wrongful Death Case?
Wrongful death claims are types of personal injury lawsuits filed by the deceased’s estate or family, as opposed to the victim themselves. A wrongful death occurs when the deceased’s death arises as a result of another party’s negligence, whether this is through action or lack thereof. Mississippi permits the surviving spouse of the deceased, the executor/personal representative of the decedent’s estate, the deceased’s surviving parents or children, and the deceased’s surviving siblings to file wrongful death claims. However, the state only allows a single claim per death (all eligible parties may join the same lawsuit).
According to The National Crime Victim Bar Association, in Mississippi, the statute of limitations (deadline for bringing a lawsuit) pertaining to wrongful death claims is three years starting from the death date. Intentional acts (battery/assault) limit the statute of limitations to only a year from the death date. Mississippi limits the total damages granted in a wrongful death lawsuit to $1,000,000 for non-economic damages (such as lost companionship and pain and suffering) or $500,000 for non-economic losses when medical malpractice (defined by the National Library of Medicine as a physician’s omission or act during a patient’s treatment deviating from accepted practice norms that harm a patient) causes the death. There is no such limit on economic damages (such as lost wages, medical bills, and funeral expenses).
What Is Causation in Wrongful Death?
The key elements to prove in a wrongful death claim include that there was a duty of care between the deceased and the opposing party, that the opposing party breached this duty, that this breach caused the decedent’s death, and that there were measurable damages incurred due to the death. A challenging aspect of a wrongful death lawsuit to prove relates to causation, which includes demonstrating the defendant acted negligently while also showing the defendant may have predicted that their actions, or lack of action, might result in the decedent suffering harm (referred to as foreseeability). Proving causation and foreseeability involves utilizing expert testimonies, eyewitness accounts, and other evidence to meet the standard of proof in civil cases, which, in this case, means demonstrating the defendant’s behavior was more likely than not the reason for the decedent’s death.
To understand more about a wrongful death case, including the elements to prove and how hearsay issues can have an impact, consider reaching out to a seasoned Mississippi personal injury attorney. Talk to Lott Law today to get help with your legal questions.
What Are the Problems With Hearsay Evidence?
There are several reasons why hearsay evidence is normally inadmissible. For instance, evidence or testimony taken directly from the statement maker is more reliable and effective, while hearsay involves the fact-finding body (jury or judge) having to draw multiple inferences. Additionally, hearsay statements are arguably less likely to be truthful since the person giving the statement does not do so under oath and, therefore, would not face perjury punishments for dishonesty.
The other issues with hearsay evidence are that it is not possible to cross-examine these testimonies and reveal possible fabrication, insincerity, ambiguity, and mistakes or observe a witness’s demeanor (for instance, confidence, body language, evidence delivery, and how they handle questions) to identify whether they are likely being truthful. Finally, it is possible for a witness to misreport another’s statement, due to mishearing or misinterpreting, leading to factual errors, and allowing hearsay evidence would potentially deny defendants their right to confront accusers.
Understanding Hearsay Exceptions in Wrongful Death Claims
Unless it falls under an exception, the court is not likely to admit hearsay evidence. Below are the exceptions to hearsay evidence rules that might enable plaintiffs to use these statements in wrongful death claims.
Excited Utterances
An excited utterance refers to spontaneous declarations made by an individual during an unforeseen event. In a wrongful death claim, this could be a victim’s immediate description of their injuries and the event, witnessed by another party, before their death. To qualify, the victim must provide this statement before having time to reflect, which improves the likelihood of the reliability of the declaration.
Present Sense Impressions
Statements made by the declaring party describing a condition or event while seeing it, or very shortly afterward, are present sense impressions. For example, this might be a witness statement concerning the accident site or the victim’s injuries, taken straight after the incident, leaving little room for fabrication.
Medical Diagnosis/Treatment
Declarations made for the purposes of medical diagnosis or treatment are another hearsay exception, ensuring a court hears key medical information without breaching evidentiary rules. This may include medical professionals’ reports concerning a patient’s injuries, condition, and treatment options.
Recorded Recollections
If a witness’s memory fades over time, their previous recorded statements could be admissible. For instance, the trauma of an event may result in a key witness forgetting details of the incident; in this scenario, it may be possible to use a written statement from them to support their testimony in court, if the statement took place shortly after the incident.
Personal/Family History Statements
This exception relates to declarations made by people regarding their family or personal history. In a wrongful death claim, such a statement might be relevant if it gives context to the events surrounding the accident; for instance, a declaration of the victim’s pre-existing medical conditions that may have contributed to their death.
Business Records
Records stored during regular business activities may also be exempt from hearsay admissibility rules since they arise for business reasons and usually accurately represent conditions and events. For example, a court may enter medical records kept by clinics and hospitals into evidence.
Verbal Acts
Declarations with legal significance or part of verbal acts might also be admissible due to them providing context to cases and having legal consequences. Examples include signing waivers, agreeing to undergo medical procedures, and acknowledging responsibility.
Speak to a Knowledgeable Mississippi Personal Injury Attorney To Learn More
Evidentiary rules, such as those related to hearsay and inadmissibility exceptions, are highly complex. Those looking to bring a wrongful death claim might consider speaking with a Mississippi personal injury lawyer possessing knowledge of hearsay rules/exceptions and experience in successfully introducing such statements as evidence in these lawsuits. To learn more about how hearsay issues can affect a wrongful death case, and for assistance with these legal claims, contact Lott Law at (228) 215-2787.
