Some individuals go through life without ever suffering an injury as a result of someone else’s negligence. On the other end of the spectrum, some individuals are injured multiple times throughout their life.
Just because you exercise your right to seek compensation for an injury caused by someone else does not necessarily mean you have damaged the chances of success for potential future injuries or lawsuits.
According to the rules of evidence, only relevant evidence may be submitted to the jury. In order for the evidence to be considered relevant, the defendant must establish a sufficient connection between the injured party’s prior lawsuits and injuries and the injured party’s current accident and injury. Paxton v Misiuk, 34 NJ 453, 462 (1961). Therefore, if you injured different body parts in a prior accident, then evidence of that accident and lawsuit is not admissible.
Furthermore, even if you injured the same body part in a prior accident, evidence of that prior accident and injury is admissible only upon “competent proof from which it could be found that the injury was thus attributable to the earlier event.” Id. at 460-461.
Here at Ginarte Gonzalez Winograd L.L.P., we provide high-caliber representation to New York / New Jersey personal injury victims and their families. Contact our office at 1 (888) GINARTE for free consultation and we will make sure your rights are not lost. You can also use our online contact form.