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Burden of Proof

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Burden of Proof

If you’ve been injured because of someone else’s actions, you may be entitled to financial compensation. However, to succeed with a personal injury claim, you must meet what’s known as the burden of proof.

The burden of proof is a legal standard that determines who must prove something and how convincing their evidence must be. In civil cases like personal injury, the burden typically falls on the injured party, the plaintiff. This means it’s your responsibility to show that the other party’s conduct caused your injury and that you’re entitled to compensation.

Standards of Proof in Personal Injury Cases and Beyond

Standards of Proof in Personal Injury Cases and Beyond

There are a few primary standards of proof that apply in the law. Some apply to personal injury cases, while others apply to different kinds of legal matters. These standards refer to how strong the party’s evidence must be in order to satisfy the burden of proof. 

Preponderance of the evidence is the standard used in most personal injury cases. You must tip the scale in your favor by showing that the defendant is more likely than not responsible.

Clear and convincing evidence is a higher standard that may apply in rare personal injury cases that involve punitive damages. If you want to punish the wrongdoer for especially reckless or harmful behavior, you may need to prove your case with this stronger level of evidence.

Beyond a reasonable doubt is the highest standard and is used in criminal court. It requires proof so convincing that no reasonable person would question the defendant’s guilt. This does not apply to injury lawsuits but is helpful as a comparison.

How Do I Meet the Burden of Proof?

To meet the burden of proof in a personal injury case, you must present solid evidence that supports each part of your claim. 

Most cases are based on negligence, which has four key elements:

  • Duty of care: The defendant had a legal obligation to act reasonably or avoid causing harm.
  • Breach of duty: They failed to meet that obligation through action or inaction.
  • Causation: Their breach directly and proximately caused your injury.
  • Damages: You suffered actual losses, such as medical bills, lost income, or pain and suffering.

Each of these elements must be backed by evidence. The evidence doesn’t need to be overwhelming, but it must be enough to convince a judge or jury that your version is more believable than the defendant’s.

Types of Evidence That Can Help Meet the Burden of Proof

Proving your case often requires a combination of different types of evidence, such as:

  • Photographs or video of the accident scene
  • Medical records that document your injuries and treatment
  • Witness testimony from those who saw what happened
  • Police or incident reports
  • Expert testimony, such as doctors or accident reconstruction professionals
  • Employment records that show lost income

Each piece of evidence builds a clearer picture and helps meet the burden required by law. In most cases where punitive damages are sought, clear and convincing evidence must show the defendant acted with malice, fraud, or gross negligence.

Does the Burden of Proof Ever Shift?

Yes, the burden of proof can shift during a personal injury case, especially if the defense raises certain arguments. For example, if the other party claims you were partly at fault, they must provide evidence to support that claim. This is called an affirmative defense.

Once the defense raises a valid legal defense, they must then meet their own burden of proof to support it. If they succeed, your potential compensation might be reduced or denied altogether, depending on how fault is divided.

How a Personal Injury Attorney Can Help

Meeting the burden of proof is one of the most important (and most difficult) parts of winning a personal injury case. 

An experienced attorney can help you build a compelling case by:

  • Collecting and preserving evidence before it disappears
  • Interviewing witnesses and obtaining sworn statements
  • Consulting with experts to support your claims
  • Analyzing complex documents like insurance policies and medical records
  • Anticipating the defense’s arguments and preparing responses
  • Presenting your case clearly and persuasively to a judge, jury, or insurance adjuster

An experienced attorney can also help you avoid mistakes that might cause your case to fall short of the standard needed to win.

Contact Our Personal Injury Lawyers for a Free Consultation

The burden of proof in a personal injury case isn’t just a technical legal rule; it’s the key to getting compensated for your injuries. You must show that someone else caused your harm and that you’ve suffered real damages as a result.

While the standard in civil cases is lower than in criminal court, that doesn’t mean it’s easy to meet. Building a case with strong, reliable evidence is critical. The stronger your proof, the better your chances of securing fair compensation.

If you’re thinking about filing a claim, don’t take on the burden alone. Schedule a free consultation with a personal injury lawyer at Parker & McConkie Personal Injury Lawyers at (801) 851-1202 today. 

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