(Newswire.net — April 28, 2022) — At the heart of any personal injury case is who’s at fault for what happened. Who is responsible for the accident that led to the injury? Were the injuries caused by negligence, recklessness, or deliberate wrongdoing? In a personal injury case, the burden of proof is on an injured person who wants to recover damages and seek justice.
You can get legal assistance online for free to ensure you have a valid claim. Then, you can meet with the attorney in question to initiate the legal process. However, until you get there, here’s what you need to know about this crucial question in any lawsuit.
What Is the Burden of Proof in a Personal Injury Claim?
The burden of proof is the plaintiffs’ responsibility to prove their allegations by submitting enough evidence to make their case. In every lawsuit, one party must be found to be at fault. The more evidence a party provides to support their allegation or argument, the more chances they have to win their claim or lawsuit.
From the Defendant’s Perspective
In a personal injury case, the defendant is the person that the plaintiff is suing for their injuries. The defendant must be found at fault and hold a high degree of negligence or recklessness in the actions that caused the plaintiff’s injury. In any personal injury case, the plaintiff’s job is to prove that their opponent was negligent. It is a tricky thing to do, so most civil lawsuit plaintiffs seek legal help.
From the Plaintiff’s Perspective
The plaintiff’s “job” is to prove that the defendant caused their material losses or injuries. The plaintiff must prove that they suffered some physical injury and are entitled to receive damages in compensation for medical bills, lost wages, temporary disability, etc.
In most personal injury cases, plaintiffs also have to prove they suffered non-economic damages. Such damages refer to pain and suffering, mental anguish, loss of enjoyment of everyday activities, loss of companionship, etc. Non-economic damages are harder to prove than material ones (quantifiable based on bills, receipts, medical records, etc.). Nevertheless, personal injury attorneys can make strong pain and suffering cases using expert testimonies, witnesses, etc.
Other Types of Cases
The burden of proof varies depending on the type of case. For example, some civil lawsuits are deemed more high-stakes than others and thus come with higher burdens of proof – a good example is that in an environmental class action lawsuit.
For example, you must prove that an entity knowingly polluted the air and was directly responsible for certain pollution-related illnesses in the community. Or you must prove that a drug manufacturer deliberately hid a medication’s side effects only to sell more, thus causing patients’ injuries or illnesses.
What You Must Prove
The burden of proof is always on the plaintiffs because they ask for money and damages. Therefore, the burden of proof falls upon them to argue that they were damaged and that damage was caused by negligence or recklessness. An accident could have numerous reasons for happening, so identifying the accident’s cause can be a difficult task.
How to Prove Your Case
If you’re injured in an accident and looking for compensation, you have to prove that your injuries were caused by that accident. In most cases, your attorney figures out what happened and why. Usually, personal injury lawyers investigate the other party involved in the accident and determine if they had prior accidents and whether or not they were at fault. They may even have to research related parties, such as the manufacturer of the product you were injured using or a government agency (if you were injured while using the public property).
Punitive damages
Courts sometimes award punitive damages to a plaintiff if the defendant is found at fault, especially if their actions were malicious, reckless, or deliberate. However, punitive damages are not awarded in every case but in those where the defendant’s actions were especially egregious. For instance, a company polluting a community’s drinking water might have to pay punitive damages in a class-action lawsuit. Sometimes, punitive damages are awarded to plaintiffs suing hospitals for gross negligence or other entities.
Bottom Line
In every personal injury case, there is a burden of proof that falls on the plaintiffs. It is up to them to prove that the defendant was responsible for causing their injuries. It may be hard to pursue legal action or compensation against the opposing party without this evidence. Therefore, to prevail in any personal injury case, you must produce sufficient evidence of the opponent’s negligence.
About the author:
With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number