In order to win a personal injury case, it is crucial that the plaintiff’s legal team meet the burden of proof. The burden of proof is a legal term that means a certain level of doubt must be overcome in order for a claim to be successful. If the burden of proof is not met in a personal injury case, then the defendant is found to not be liable for a plaintiff’s injuries. In a personal injury case, the burden of proof is called the preponderance of the evidence.
Preponderance of the Evidence
The burden of proof in a personal injury case falls on the plaintiff. They have to prove by a preponderance of the evidence that their version of the facts is true and that the defendant committed the alleged act. Preponderance of the evidence means that it is more likely than not that the plaintiff’s version of the facts is true. It is a lower burden than the beyond a reasonable doubt burden that can be found in a criminal case. It means that 51% of the evidence presented favors the plaintiff’s case.
It is important when bringing a personal injury case to a judge or a jury that the preponderance of the evidence is met with respect to every element of a case. This means that you must provide sufficient evidence that a defendant was negligent, that the plaintiff was injured as a result of this negligence, and that the plaintiff sustained damages as a result of the injury.
Meeting the Burden of Proof
While the burden of proof in a personal injury case seems like a low standard, this is not always the case. It is important that clear and credible evidence is used to support a plaintiff’s claim. An attorney can help ensure that the burden is successfully met and that all necessary evidence is presented in a clear manner.
Reversing the Burden of Proof
It is important to note that there are some circumstances where the defendant will have the burden of proof. If the defendant raises a factual matter as part of their defense, they will have to prove that fact by a preponderance of the evidence. For example, if they assert that the plaintiff was speeding and therefore was partially responsible for the car accident, the defendant will have the burden of proving that fact.
Contact an Experienced Attorney
If you’ve been injured due to someone’s negligence, you want an experienced personal injury attorney on your side. Gregg Goldfarb has been helping the injured for over 25 years. Contact us online or call us at 305-374-7000 to schedule a free consultation.