When you or a loved one are injured in an accident due to someone else’s negligence, such as a car accident, a bicycle accident, or a dog attack, you have the right to file a personal injury claim against the responsible party. Such cases are considered civil cases.
When you file your lawsuit, you can recover compensation for the damages you suffered, including pain and suffering and emotional distress. Filing a lawsuit is the first step in the process. In order to actually recover, however, you have to do more than simply file, you have to win. And winning means that you present enough evidence to meet your burden of proof.
Read on to learn more about what a burden of proof personal injury case is. If you have further questions after reading this and need help with your Kentucky personal injury case, our legal experts at McCoy & Sparks can assist you.
What Is Burden of Proof in Civil Cases?
The burden of proof speaks to which side must prove what. It is the essentially the rule of law about which party has to produce more compelling evidence. In a civil case involving a claim of negligence, the plaintiff or victim has the burden of providing that the defendant was negligent and was the cause of the plaintiff’s damages. The jury ultimately has the responsibility to weigh the evidence to decide whether the plaintiff has satisfied that burden. If not, the defendant wins and the plaintiff does not recovery anything. The judge gives a written set of instructions to the jury advising the jurors who has the burden of proof and what they burden means. In a civil case, the burden is defined as a preponderance of evidence. Stated otherwise, has the plaintiff introduced enough evidence to tip the scale in their favor when weighing the evidence.
Proving Negligence in a Personal Injury Case
To win a personal injury civil action, the plaintiff must prove each of the following:
- The other party (the defendant) owed you (the plaintiff) a duty of care;
- The defendant breached this duty;
- The defendant’s negligent actions caused the accident;
- You were harmed as a direct result of the breach.
The burden of proof places the responsibility for proving each of these four elements upon the plaintiff. A failure to prove any of the four means that the plaintiff does not recover anything.
Evidence in a Burden of Proof Personal Injury Case
It’s important to remember that different kinds of evidence must be provided depending on the type of case.
For example, a criminal case is going to require different evidence than a civil case because the burden of proof in civil cases is different than the burden of proof in criminal cases
In a criminal case, the prosecution has a very high burden. They must prove their required findings “beyond a reasonable doubt.”. A criminal conviction is very serious; thus, there can be no doubt that the defendant is guilty before their liberty can be taken away.
Personal injury cases are still serious, but since they do not take away someone’s freedom, the burden is lower. Plaintiffs in civil cases carry the burden of providing a “preponderance of evidence. ”This means that the plaintiff must provide enough evidence to prove the case using a more likely than not standard.
Meeting the burden of proof on each requirement can be challenging. If you cannot, then you cannot be compensated for the injury. Don’t leave this important decision to chance by hiring the wrong law firm.
Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky
If you need help with your burden of proof in a personal injury case, our team can assist you. We understand how challenging it can be to provide sufficient evidence in a civil case. Let us help you handle your claim and ensure you get the compensation you need and deserve for the damages you have suffered.
Recognized as one of Central Kentucky’s best law firms, McCoy & Sparks represents thousands of clients in Central Kentucky. With a focus on providing premium service, our goal is to develop a strategy that best serves your personal needs to help achieve the best possible outcome.
You owe us nothing unless we win your case. Call us at (844) 4KY-WINS for a risk-free consultation with one of our personal injury attorneys today.