Admission
Definition
An admission is a statement made by a party in a lawsuit that can be used as evidence against them. Admissions are significant because they represent a party’s own words acknowledging a fact that may support the opposing side’s case. Unlike hearsay—which involves out-of-court statements by non-parties—admissions by a party opponent are generally admissible in court.
How It’s Used in Personal Injury Cases
Admissions can occur in various contexts during a personal injury case. They may be made informally at the accident scene (“I didn’t see you—I’m so sorry!”), in written communications, during depositions, or in response to formal discovery requests called Requests for Admission. Once a party makes an admission, they typically cannot take it back, and the opposing side can use it to establish key facts without further proof.
Insurance companies and defense attorneys look for admissions that suggest you share fault for the accident or that your injuries are less serious than claimed. This is why it’s crucial to be cautious about what you say after an accident—especially to insurance adjusters.
Practical Example
At the scene of a car accident, the other driver tells a witness, “I was checking my GPS and didn’t see the light change.” Later, when the driver denies being distracted, your attorney can call the witness to testify about this admission. Because the statement was made by the opposing party and is offered against them, it is admissible as a party admission, not excluded as hearsay.
Why It Matters to Your Case
Admissions can dramatically simplify your case by establishing fault or other critical facts without the need for extensive proof. Conversely, your own statements can be used against you. Avoid discussing fault at the accident scene, be careful what you post on social media, and don’t provide recorded statements to insurance companies without consulting an attorney. What you say matters—sometimes more than you realize.
Key Takeaway
An admission is a statement by a party that can be used against them in court. Securing admissions from the defendant strengthens your case, while protecting yourself from making damaging statements is equally important.