Anyone that has been involved in a personal injury case will tell you that it is a complicated process. As the plaintiff, you have the responsibility of convincing the judge and jury that the defendant is the oke responsible for your injuries. This is a confusing process as you will encounter lots of unfamiliar terminology and it can seem hard to attain the settlement amount you desire.

However, going into the process of a personal injury lawsuit with some knowledge of the jargon will help you establish better expectations of your claim process and results.

What Is A Burden Of Proof?

All lawsuits, be they criminal or civil cases, require some evidence-based thresholds to be met in order to deem a defendant guilty. A burden of proof refers to the minimum requirement that a party must satisfy in order to have the charge against the defendant legally established. They must convince the jury through creating their narrative and showing evidence that proves the defendant should be held liable for the injuries caused and after which provide the plaintiff with compensation.

Who Has the Burden of Proof?

In personal injury cases, the state is not the plaintiff. The party filing the complaint, you, will be the plaintiff. This means the person who is on the receiving end of the damage inflicted is the one who brings the lawsuit. The party who has caused the harm or your insurance company is the defendant in personal injury claims. Depending on your state laws, there are some guidelines that determines who is the accuser and who will be held liable.

Requirements For Burden Proof

The measures for burden proof defers depending on whether it is a civil case or a criminal case. In criminal cases, the prosecution needs to convince the jury that there is no other explanation available based on the presented evidence. In civil cases, the plaintiff has to show that a 51% of certainty indicates the defendant is responsible based on the presented evidence.

Attaining Burden of Proof

This can be achieved by attaining sufficient evidence. If you have been involved in an accident, you will need to collate evidence such as photos of your vehicle and the other vehicles involved, a mechanic’s report, your medical report and if possible security camera video footage as well. It may sound troublesome but taking the effort to do so can clear you from any possible false accusations if you are not at fault for the accident. Without concrete evidence, you have lower chances of winning the case and getting more compensation as your only weapon would be your words which the defending side can easily argue against if they have sufficient evidence on their end.

Seek Help With Your Injury Claim

If the defendant is a large company, it can be hard trying to win the case on your own. You will require the support and advice of an experienced lawyer. Depending on the nature of your accident, you will want to get either a car accident lawyer or motorcycle accident lawyer who specialize specifically on these areas as they have more experience in these areas and will be able to provide better advice and services.

Call Us 973.574.1200

  • This field is for validation purposes and should be left unchanged.

JACK V. CORRADINO, ROBERT C. PAPA, JR., JOSEPH A. DEFURIA, TIMOTHY J. FONSECA, AND FRANCIS J. SWEENEY III ARE ALL CERTIFIED BY THE SUPREME COURT AS CIVIL TRIAL ATTORNEYS. Corradino & Papa, LLC is located in Clifton, NJ and serves clients in and around Newark, Irvington, Harrison, East Orange, Orange, Belleville, Hillside, Maplewood, South Orange, Kearny, West Orange, Elizabeth, Glen Ridge, Bloomfield, North Arlington, Vauxhall, Union, Montclair, Millburn, Lyndhurst, Nutley, Bergen County, Essex County, Hudson County and Union County. See All Locations Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The hiring of an attorney is an important decision. The information you obtain in this website is not, nor is it intended to be legal advice. You should contact an attorney for individual advice regarding your situation. Results may vary depending on your particular facts and legal circumstances. No aspect of this advertising has been approved by the supreme court. Here are the criteria for the various awards we’ve won: Disclaimer : Results may vary depending on your particular facts and legal circumstances.

No aspect of this advertising has been approved by the supreme court.

Copyright© 2022 All Right Reserved