Nobody wants to find themselves involved in a tough legal battle, but that doesn’t mean you should sit idly by when you have been injured at the hands of someone else’s negligence. In a situation such as this, you should consider pursuing legal action against that person with the help of an accredited personal injury attorney. This professional will help walk you through the nuances of personal injury law. In addition to this, though, it’s worth remembering that to win a lawsuit, you can’t just say something happened; you need to prove it. A lawyer can assist you with this process, but start by learning the definition of burden of proof in personal injury so that you can begin to take action and understand the elements required to prove liability in court.
Understanding the Burden of Proof
The foundation of a lawsuit rests on the idea of burden of proof. This means that, as mentioned above, you can’t just say something happened. You will need to produce evidence that overwhelmingly supports your claim. Few people actually realize that the burden of proof in a personal injury case differs from that seen in a criminal case.
The phrase “beyond reasonable doubt” has been popularized by television shows over the years and has erroneously become the standard by which people believe they need proof. While this is true in a criminal case, those involved in a civil case, such as a personal injury lawsuit, only need to produce a “preponderance of evidence”. This means that you need to produce enough evidence to support that your claim occurred more likely than not.
The Four Key Elements Plaintiffs Must Prove
Despite not needing to produce as much proof as a criminal case, there are still challenges that come with proving enough to win a personal injury case. The main challenge is proving that negligent actions were the result of the incident that caused your injuries. Negligence means to act in such a manner that you show a disregard for your safety and the safety of others around you. To prove negligence in personal injury law, the following four elements must be established:
1. Duty of Care
First and foremost, you must prove that the defendant had a duty of care to you as the plaintiff. A duty of care is essentially an obligation to act in a responsible manner, as others would, so as to avoid causing serious issues that can lead to injury. Examples of having a duty of care are getting behind the wheel of a car, maintaining safe premises as a business owner, keeping dangerous animals on a leash, and more.
2. Breach of Duty
Once it has been shown that the defendant had a duty of care to the plaintiff, it must also be shown that there was a breach of the duty of care. This is the core part of showing negligence. Specifically, a distracted driver running a red light or a store failing to clean up a spill and forgetting to put a ‘wet floor’ sign out could count as a breach.
3. Causation
Third, you will need to prove that the actions of the defendant, specifically the breach of duty, led directly or proximately to the incident. Direct cause is cut and dry. Proximate cause, however, is more complicated and refers to a reasonable assumption that something would happen based on something else. For example, direct cause would be a driver texting and crashing into you, whereas proximate cause could be a driver running a red light, which forces you to swerve out of the way to avoid them, but you hit a tree and are injured. While the other driver didn’t collide with you, their action of running the light has reasonably foreseeable consequences.
4. Damages
Finally, you must prove that there were economic, non-economic, and/or punitive damages resulting from your accident. These could be medical bills, lost wages, pain and suffering, or other items that come with a price tag. Medical records, expert testimony, witness testimony, and general documentation will be critical for this.
Challenges Plaintiffs Face in Meeting the Burden of Proof
Even after reading all of the above, you may be thinking that meeting the burden of proof required will be easy. Unfortunately, this isn’t often the case. Defendants often dispute liability or try and shift the blame, at least partially, onto the plaintiff in order to reduce what they owe. On top of this, insurance companies may downplay injuries or claim that your expert testimony is not valid, which can lead to issues when your damages are awarded. Additionally, it’s entirely possible that there may be no direct evidence to what occurred as the accident may have happened in a place with no witnesses, video footage, or other proof.
How a Personal Injury Lawyer Can Help
A personal injury lawyer can help with the above challenges by assisting you with gathering and presenting strong evidence that argues for your case, even if it isn’t direct evidence. They will also know how to counter the defense’s arguments in such a way that you may be able to reach a negotiated settlement. If you do end up going to a full trial, the breadth of knowledge a personal injury lawyer has will help you fight for your rights.
Protect your rights in the court of law
In any case, the burden of proof will matter. In civil law, though, it’s fortunate that the burden is lower than it otherwise would be for criminal cases. Reach out to an accredited lawyer in your area who can help you gather enough evidence to prove the four elements of negligence so that you have a better shot at winning your case. Try to remember, though, that if you are partially at fault for the incident, then your reward amount may be reduced. This is why hiring a lawyer is so important; these professionals can ensure you recoup as much money as possible.
