Personal Injury Claims Burden of Proof | PersonalInjuryLawyer.com

Before a plaintiff can recover injuries in a personal injury case, the plaintiff needs to prove to the court that the victim’s injuries were caused by the defendant. It is the plaintiff’s burden to prove his or her case. The defendant does not need to prove that s/he was not responsible. Instead, the defendant just needs to prevent the plaintiff from proving the plaintiff’s case.

Standard of Proof in a Personal Injury Lawsuit

A personal injury case is a type of civil lawsuit. As such, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. In other words, the plaintiff must prove that is more likely true than not true that each element of the personal injury cause of action has been satisfied. For example, in a negligence case, the plaintiff must prove that it is more likely than not that the defendant owed the victim a duty of care, breached the duty of care by failing to act like a reasonable person, and caused the victim’s injuries by failing to act like a reasonable person.

How to Prove a Case by a Preponderance of the Evidence

There is no one correct way to meet the burden of proof to win a personal injury case. As long as the evidence and testimony presented in the case prove that the defendant more likely than not violated the law then a plaintiff can recover damages. Typically, plaintiffs use one or more of the following types of evidence to prove their case:

Physical evidence;
Photographic evidence;
Eye witness testimony; and
Expert testimony.

It is important to note that attorney arguments, such as opening and closing arguments at trial must focus on how the evidence meets (for the plaintiff) or does not meet (for the defendant) the burden of proof. The arguments of counsel may not be considered evidence by the judge or jury.

Help from a Personal Injury Lawyer

Proving a case by a preponderance of the evidence takes skill and practice. It is extremely difficult to do without the assistance of a personal injury lawyer who understands what evidence is admissible, how to present the evidence in a convincing way and how to argue that the evidence proves the case by a preponderance of the evidence. Therefore, it is important to consult a personal injury lawyer who can represent you in a personal injury case.

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