Who has the burden of proof in an accident injury case?

If you are a victim of an accident and you are wondering if you bear the burden of proof, the answer is yes. In addition to bearing with your injuries, you are required to prove that the other party is guilty of harming you.

If you are being accused of harming someone in an accident it is important for you to understand that you do not need to prove your innocence. However, you do not want to be too passive and allow the plaintiff to build a strong case because doing so will allow her to collect damages from you.

Accident Injury: Burden Of Proof

The complaining party, known as the plaintiff, bears the burden of proof in all civil lawsuits such as personal injury cases. But, there is a major difference between satisfying the burden of proof for a civil case and a criminal case. That difference is that civil case require a preponderance of evidence.

Many people are familiar with the term “beyond a reasonable doubt.” In civil lawsuits, there can be doubt and the plaintiff can still be awarded damages. The requirement of a preponderance of evidence is easier to meet because the plaintiff merely needs to show that what she alleges most likely occurred. If she convinces a judge or jury that there is more likelihood that her claims are accurate than there are chances that they are inaccurate, she will win.

Legal Assistance

Whether you are the plaintiff or the defendant, whether or not you bear the burden of proof, it is likely that there is a lot at stake. For the best results, you should consult with a personal injury attorney.