Personal injury lawsuits can be quite complex. Proving negligence can be challenging, and personal injury cases may have large amounts of money at stake due to the type and severity of the plaintiff’s injuries, their required current and long-term medical care, the loss of current and future wages, and their pain and suffering. When these circumstances exist, it is not always possible to reach a settlement and the case must go to trial.
As with any legal case, there are specific rules and procedures that dictate the process of a personal injury case. In New York, the law allows for rebuttal witnesses.
What is a rebuttal witness?
In a personal injury trial, the plaintiff presents their case first. The defendant then has the opportunity to respond. After the defendant has made their case, the plaintiff can call a rebuttal witness in response to any new evidence or witnesses presented by the defendant. Any rebuttal witnesses must be new witnesses whose purpose is to contradict claims made by the defendant’s witnesses. A rebuttal witness cannot be a witness who already testified on the plaintiff’s behalf.
When can a rebuttal witness be used?
A rebuttal witness can be used in New York personal injury cases to refute the testimony of a witness presented by the defendant. Often, a rebuttal witness is a medical or other expert called upon to provide expert testimony. The testimony of a rebuttal witness is not an opportunity to re-try the plaintiff’s case; it only allows the plaintiff to respond directly to new evidence that came to light during the course of the trial.
Since a rebuttal witness is used in response to information that comes out during the trial, the plaintiff’s side is typically unable to notify the defendant in advance about the witness. Whether the rebuttal witness is permitted to testify will be up to the judge. The plaintiff’s attorney will have to provide the following information:
- When the rebuttal witness was contacted
- When the rebuttal witness agreed to testify
- Why the defendant was not notified sooner
In addition to these responses, the judge will also consider how the rebuttal witness’s testimony will respond to the new information and whether the issue has already been addressed by the testimony of other witnesses.
Reaching a pre-trial settlement in a personal injury case is not always realistic. There are times when a trial cannot be avoided. When that happens, you need an experienced personal injury lawyer Bronx on your side.
Experience matters in a New York personal injury case
Evan W. Kohn has more than 30 years of experience providing strategic legal counsel to personal injury clients. A strong litigator, he fights to ensure you receive the compensation you deserve. Se habla español. Contact our office today or call us at (718) 409-5500 to schedule a free consultation.