It was a bad accident.
Days after it happened, the other driver sends you a letter.
It's an apology letter.
He's sorry for your injuries.
He's sorry you're in the hospital.
He's sorry you're hurting.
As you're deciding whether to file a lawsuit against the careless and negligent driver, you want to know whether at trial you can introduce this apology letter into evidence to show that the other driver was careless and acknowledged and admitted he was careless.
The answer is 'yes', you can admit it into evidence.
However, before you take that step, it's critical for you to understand why you are admitting it into evidence.
What is the purpose?
If you are doing it to try and show that the other driver admitted he was careless, then you must also recognize how the defense attorney will react once this document is in evidence.
The defense will twist those words to try and gain sympathy for the careless driver.
Let me show you how...
The defense lawyer would use that apology letter to show that his client has a heart. He will use it to show that he is compassionate. He will use a letter to show that he is sincere and simply an all-around good guy.
He will point out to the jury that there is nothing in the letter that admits legal responsibility for the happening of the accident.
Instead, the defense attorney will use it to show that his client was simply a compassionate human being by showing his sorrow and offering an apology. An apology because this woman was now suffering and in pain.
Nowhere in the letter does it indicate in words or substance that his client was admitting or accepting or acknowledging his responsibility for this accident.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you.