The Defendant Admitted She Caused the Accident. Does That End The Lawsuit?

by Friedman & Ranzenhofer, PC on September 7, 2012

in Buffalo Injury Questions and Answers

An admission of negligence by the defendant in a Buffalo personal injury lawsuit is obviously very helpful to the injured party.  Such admissions often go a long way towards helping to settle a case without having to go to trial.  They do not, however, automatically establish that the defendant was negligent or bring about an end to the lawsuit.

Instead, a jury must consider all the circumstances surrounding the admission.  In some cases the defendant may later deny the statement, and the jury will have to determine whether it was actually made.  Even in cases where an admission is not denied by the defendant, the jury may still consider issues such as the physical condition of the parties when the statement was made, any time that had passed between the accident and the admission during which the defendant could have reflected on the situation, and all other conditions and circumstances at the time and place the admission was made that may have influenced the defendant’s position.

After weighing all of these factors, the jury is entitled to fully credit the statement as the truth, reject it, or give it any weight it desires.

Please feel free to call us at 716-542-5444 if you have suffered a personal injury and have any questions.  We would be happy to help you.

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