We often hear lawyers on television shows talking about proving a defendant’s guilt “beyond a reasonable doubt.” But what exactly do they mean? And is that relevant in a personal injury case? The burden of proof in a personal injury case differs from that of a criminal case. For skilled legal representation during your claim or lawsuit work with an experienced New York injury lawyer.
What Does “Burden of Proof” Mean?
During any legal dispute, one party has the burden of proving that the other party is guilty or responsible for the crime or issue being discussed. Evidence must be presented that shows factual proof of their claim. This is known as the burden of proof.
The burden of proof in a criminal case is that the prosecutor must prove to a jury and judge that the defendant is guilty beyond a reasonable doubt. This means that the evidence provided must be compelling enough to convince the relevant parties that there is no reasonable doubt that the defendant committed the crime.
What is the Burden of Proof in a Personal Injury Case?
Because criminal cases are so serious, the burden of proof is greater than in civil or other cases. A criminal conviction can significantly and detrimentally alter the course of a person’s life. That is why the proof needs to be undeniable.
A personal injury case is a civil case. The burden of proof in a civil case is much less severe than in a criminal case. The standard for civil cases is known as the preponderance of the evidence. A preponderance of the evidence means that the explanation of the situation as the plaintiff told it is more than likely true. If the plaintiff can show that the defendant was more than 50% likely to have caused their accident and injury, they have met the standard of proof.
How Can I Prove My Case?
Proving your case is crucial in ensuring that you get justice and collect compensation for expenses associated with the accident and injury. You must prove that the defendant’s negligence, recklessness, or intentional action was the root cause of the harm you suffered.
With the help of a skilled attorney, you should aim to prove that the defendant:
- Had a duty of care to behave in a reasonably safe and responsible way, and
- Breached their duty of care by acting irresponsibly or recklessly, which
- Caused your accident and injuries, and
- You suffered economic and non-economic damages as a result.
Collect evidence from the scene of the accident including photos, videos, witness testimony, police reports, incident reports, etc. Present your evidence to your lawyer who will help you formulate an effective case and work to ensure you are able to recover compensation for the damages you suffered.
