If you have ever filed a personal injury claim you will understand that the process is rarely ever straightforward. The odds of recovering the cost of car repairs and medical bills may seem impossible if you have to face the legal team of an insurance company. This is why we recommend that you hire a Plymouth personal injury lawyer if you are thinking of pursuing a claim after a serious accident.
Even though hiring a personal injury lawyer in Plymouth is helpful, you also need to understand some of the legal jargon you may encounter if your case goes to court. This way, you’ll have a better understanding and realistic expectations for your case. Your lawyer’s ability to fulfill the burden of proof will determine whether or not your lawsuit will be successful.
What is the Burden of Proof?
The burden of proof is defined as the responsibility to prove a citation or claim that you have made. It can apply in a variety of situations including your personal injury case. You may have had phrases like “beyond a reasonable doubt”, which is the most famous legal standard In criminal cases.
The burden of proof in a criminal case
In criminal cases, the prosecution has the burden of proving every aspect of the crime beyond a reasonable doubt. However, while the defendant may not be required to prove their innocence, the prosecution also doesn’t need to prove their guilt to the point of absolute certainty.
The prosecution has to produce evidence to prove that the defendant committed the crime. Once they are able to establish a fact that proves an element of the crime, the defendant will now have to take on the burden of proof. They do not really need to disprove the fact but they have to raise some serious doubts about it. In short, they just need to create enough doubts regarding any element that the prosecution tries to prove so as to avoid a guilty verdict.
Example
Let’s say the prosecution shows that the defendant was found with a diamond ring that had been reported as stolen from the local jewelry store. The defendant would have to give a convincing explanation as to why they are in possession of stolen jewelry. If they produce a receipt or some other kind of proof showing that they acquired the ring legally, then the burden of proof would be shifted back to the prosecution.
The burden of proof in civil cases
In a personal injury lawsuit, the burden of proof lies with the plaintiff or the person that is filing the suit. They should be able to prove that the allegations are true and that the defendant caused the damages.
What is the Burden of Proof requirement in a personal injury case?
In a criminal case, the jury needs to be overwhelmingly convinced that the accused party is responsible for your injuries.
However, in a personal injury case, you must do so by a preponderance of the evidence. This means that it is more likely than not that the other driver caused damages to you. However, if your personal injury case is more serious you may require clear and convincing evidence that has a high probability of Truth.
Types of penalties should the burden of proof be fulfilled
Penalties in civil cases are known as damages and are considered less disruptive than taking away someone’s freedom by sentencing them to prison. In rare cases, you may be awarded punitive damages. These are extra compensatory damages awarded with the aim of punishing the defendant for the wrongful conduct and deterring others from acting similarly in the future.
How can you obtain the burden of proof in a personal injury case?
You can fulfill the burden of proof with a variety of evidence. You can do this by taking pictures of the accident scene, doctor’s notes, receipts of medical bills, psychological evaluations, or even videos from security camera footage.
Collecting evidence might not be easy especially if it’s clear that you were wronged. However, it is very important to collect as much evidence as possible to protect yourself from false accusations.
Contact Kevin P Landry law Offices for help with your personal injury claim
You need an experienced Plymouth personal injury lawyer who can level the playing field and give your case a chance for success in order to get you the compensation that you deserve. Contact us today at 508-746-2700 to schedule your free initial consultation.
