What is the burden of proof in a personal injury case?

personal injury paper, gavel, law book

When you are injured because of another person’s negligence, you may think recovering compensation is as simple as exchanging insurance information and receiving a check in the mail. However, this is unfortunately far from the truth. In reality, you may find that recovering the compensation you deserve is much more challenging than anticipated. One thing you may not have considered is that you must fulfill a burden of proof as the plaintiff in a personal injury case. However, you do not have to do this alone. The following blog explores what you should know about these matters and how personal injury attorneys can help you through these challenging times.

What is the burden of proof?

In most personal injury cases, like car accidents or premises liability incidents, you’ll work with the negligent party’s insurance to receive a settlement for the damages you’ve endured. However, if you cannot reach an agreement, this can proceed to a trial.

Generally, in most personal injury cases, the standard of proof you’ll need to fulfill is known as a preponderance of the evidence. This essentially means you simply must prove that your version of events more likely occurred than not.

It’s important to understand that as the plaintiff in a personal injury case, it is ultimately your responsibility to meet this standard. Because parties are innocent until proven guilty in the eyes of the law, the defendant does not have to prove their innocence – you must prove they are guilty.

If you are injured, for example, because someone else crashed into your car, they may claim that you are liable for the accident. As such, you’ll need to use a variety of evidence to help prove that your version of events is more likely. This includes expert witnesses like accident reconstruction experts and doctors, photos and videos from the scene, the accident report, and eyewitness testimony.

Should I contact a personal injury attorney?

Unfortunately, trying to navigate the process of recovering the compensation can be an incredibly complex matter. Failure to fulfill the burden of proof can result in you missing out on the funds you are entitled to because of another’s negligent actions. As such, it’s in your best interest to connect with an experienced attorney who can help you fight for the justice you deserve.

Working with legal counsel gives you the best opportunity to receive justice. Not only do they have a deeper understanding of the law, but they understand what evidence is necessary to help meet this burden of proof.

If you’ve been injured, it’s in your best interest to connect with an experienced personal injury attorney from Friedman Schuman Layser as soon as possible. Our firm will explore all avenues to help you fight for the best possible outcome for your circumstances. We understand the devastation an injury can have on you and your family, which is why we are committed to fighting for you. Contact us today to learn more.

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