The burden of proof applies in all court cases. It determines who is responsible for providing evidence when proving a case. In criminal cases, the burden of proof lies with the prosecution. In such situations, your part would be to poke holes at the evidence.
When navigating a civil suit, the burden of proof will be on you if you are the plaintiff, but the standard of proof may be relatively different from the standard applied in criminal cases.
This guide looks into the impact of the burden of proof on a personal injury claim.
What Does It Mean For Your Case?
The simplest definition of burden of proof in a personal injury claim is the plaintiff’s legal obligation to prove the allegations contained in their claim.
The plaintiff must show that the defendant owed them a duty of care, which calls for acting with reasonable care, that they failed in their duty, resulting in an accident, and that the accident resulted in harm.
While you have to prove these aspects of your claim, the standard is relatively lower for criminal cases because you only have to prove your case through a preponderance of evidence.
Understanding the Preponderance of Evidence Standard
You probably have heard the words “beyond a reasonable doubt” in relation to criminal cases. The phrase refers to a legal standard where the prosecution must prove a case so that a reasonable person can clearly see the accused individual’s guilt.
The preponderance of evidence is the less strict standard, and it applies to civil cases such as personal injury claims. Under this standard, you only need to show that there is a higher likelihood they caused the accident than not.
Meeting This Standard: Evidence Gathering
Evidence plays a critical role in proving a case and meeting the preponderance of evidence standard. So you want to have as much of it as possible. You can start by gathering photographic and video evidence of the scene if you can’t find someone to help you.
Photographic and video evidence is not limited to the accident scene. You can also use them to document your injuries and their impact on your life, for example, by creating a journal of your struggles. Witnesses also play a critical evidential role. The best time to talk to them is while at the scene. If not, your lawyer can help you reach them later.
Your lawyer can also help you access expert witnesses and evidence held by third parties. Other evidence will include medical records, employment records, receipts, invoices, bank statements, police records, etc.
Hiring a Lawyer
After collecting the evidence, you need a lawyer to help you with its organization to build the most compelling case possible.
“Remember, the other side will seek opportunities to poke holes into your case. Disorganized evidence presents a high chance of confusion, which the jury can misinterpret as a lack of proof,” says California personal injury lawyer Walter Clark.
Statistics show that the chances of winning a personal injury case improve up to five times if you involve a lawyer because a lawyer helps your case meet legal standards.
While they will have to get a cut from your pay, their contribution makes involving them worth it. Also, most lawyers do not ask anything from you until they win your case, and you can always evaluate the worth of your case during your initial consultation, which is free and has no strings attached.
Media Information:
Walter Clark
71861 Highway 111 Rancho Mirage, CA 92270
Phone: (760) 777-7777
