A Detailed Explanation of Burden of Proof in a Personal Injury Case
In any civil case, sufficient evidence must prove that the defendant is at fault. In other words, the plaintiff must provide enough proof that it is more likely than not that the defendant harmed the plaintiff. This is known as the burden of proof, and in a personal injury case, the plaintiff bears the burden of proof. In a civil court case, both parties have an equal opportunity to present their arguments and evidence. If a party fails to prove its claim, they are said to have lost the case. If you lose your court case, you will be financially penalized with costs and attorney’s fees. Let’s take a look at what the burden of proof means in various types of personal injury cases:
What is the Burden of Proof in a Personal Injury Case?
Whether a driver injured you, a defective product, a doctor, or other party, the burden of proof falls on the plaintiff. In a personal injury case, the plaintiff must be able to demonstrate that it is more likely than not that the defendant injured the plaintiff. This is usually done through medical records, witness testimonies, and other evidence.
The first is the burden of production, which provides evidence. The second is the burden of persuasion, which is proving the facts. The third is the burden of avoidance, which shows that the plaintiff is not responsible for causing the harm. The fourth is the burden of injury, which is proving that the defendant harmed the plaintiff.
When is it Harder to Prove Injuries?
There are some instances where it will be harder to prove that you were injured. For example, it is much simpler to prove that you were injured when struck by lightning than to prove that you were injured when a doctor fails to diagnose a medical condition correctly. You may also find it harder to prove that you were injured if it is a low-risk activity. It will be harder to demonstrate that you were injured in these situations. Similarly, if you don’t maintain proper medical records, proving any wrongdoing will also be challenging.
Hiring an Attorney
If you got into an accident and looking for a personal injury lawyer who can help you throughout the dreadful process of a personal injury case, then The Levin Firm has got you covered. A reasonable attorney will gather all the evidence, be it witness statements or medical records. Similarly, they will also make estimates of the expenses and losses you suffered while recovering from the injury. If you want to win a fair settlement, hiring an attorney is the best choice.
Personal injury cases are notoriously hard to manage, as there is a lack of evidence and other factors. However, it’s best to contact an attorney immediately if you suffer from such issues. They know precisely which evidence to collect and present in the court to win the case and a fair settlement.
