A burden of proof is a standard that must be met in a case to prove one side. The prosecution always bears the burden of proving that the defendant is guilty or responsible. The burden of proof in a personal injury case differs from the burden of proof in a criminal or other type of case. Continue reading for more information and speak with a Middlesex County personal injury attorney to acquire skilled representation during your case.
What is the Burden of Proof for a Personal Injury Case?
A personal injury case is a civil case so the burden of proof is not nearly as specific as in criminal cases, where the prosecution must prove their case beyond a reasonable doubt. In civil cases, the prosecution must prove their side by a preponderance of the evidence. “Preponderance” means superiority in weight or power. During a personal injury case, to prove a preponderance of evidence the plaintiff’s side needs to simply show a judge that their story is more than likely a true version of the events. The judge needs to only be 50% or more convinced that the evidence presented is accurate.
How Can I Prove My Side?
When bringing a lawsuit or claim upon someone else, you must be aptly prepared. There are a few things that need to be proven to ensure that you will come out of the situation successfully and be awarded compensation for the costs associated with your accident and injury.
First, it must be established that the defendant had some sort of duty of care. This means that they had a responsibility to act with reasonable care and safety for you or others. For example, a driver is responsible for following the law and operating the vehicle safely, and a doctor is responsible for preparing for surgery properly.
Next, it has to be shown that the defendant breached this duty of care in some way. If the driver was intoxicated by alcohol before getting on the road they disregarded the duty they held by following the rules. If the doctor did not do their due diligence to check on a patient’s allergies or other issues before surgery they could have breached their duty.
You have to show that the defendant’s behavior directly correlates with your accident and injury. Can you prove that the driver’s intoxication caused them to hit you with their car and give you a concussion? Can you show that you negatively reacted to anesthesia or medication issued to you during the surgery?
Finally, you have to prove that you suffered economic or non-economic damages as a result of your injuries. You must show that you have been out of work and therefore lost wages due to the accident or have medical bills from treatments received to help with the issues.
With the help of an attorney, you can gather evidence and present a case proving all of the above and helping you obtain compensation for your expenses.
