What is Pennsylvania’s Dead Man’s Act, and can it affect an injury case?
Pennsylvania’s Dead Man’s Act is an evidence rule that can restrict testimony by a surviving party with an adverse interest about matters that occurred before the death of the opposing party. It can arise when an accident participant dies or a party acts through an estate, and it may affect which conversations or events a survivor can describe in court.
The statute contains qualifications and exceptions, and its application depends on the parties, the estate’s interest, the type of testimony, and whether the protection has been waived. It does not automatically decide an injury case, but it can make independent evidence—reports, recordings, documents, physical evidence, and third-party witnesses—especially important. This is an advanced issue that should be reviewed by counsel early.
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