What is the Burden Of Proof in a Personal Injury Claim?

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When you make a personal injury claim, you must meet a certain burden of proof in order to win. If you’re lacking evidence that backs up your claim, it can be difficult to succeed in court. Fortunately, you do not have to try and meet this burden of proof on your own. Our Monmouth County personal injury attorneys can help you with your case.

How Does the Burden of Proof Relate to the Preponderance of Evidence Standard?

The preponderance of evidence standard means that the evidence shows that your version of events is more likely than not to have occurred. The defendant also has their side of the story, but the evidence that you have makes your case much more convincing.

How Can You Meet This Burden of Proof?

You also need to show that the defendant owed you a duty of care. If they were a driver and you were a pedestrian, they should have operated their vehicle in a way that would have protected you from harm. If they manufactured a product, they should have confirmed that it was not defective before it got to consumers like you.

You then need to show that this duty of care was breached. Because of this, the accident occurred and you were injured as a result. When you can draw the line between the defendant’s negligent behavior and your damages, that helps you satisfy the burden of proof needed in a case like this.

What if There Are Multiple Liable Parties?

The process is the same, but you just need to show that each of these parties contributed to your injuries somehow. A truck accident case often has multiple defendants. A truck driver themselves could have acted negligently, but a truck company that did not properly examine its vehicles before putting them out on the road for long hauls should also be held liable. Your evidence can help meet the burden of proof required to show that each of these parties was negligent.

How Can a Lawyer Help Me?

You are not required to hire an attorney when making a personal injury claim, but we recommend having an experienced lawyer on your side when fighting for compensation. A lawyer can help you:

  • Gather evidence
  • Connect with expert eyewitnesses who can strengthen your case
  • Calculate fair compensation
  • Defend yourself from accusations of fault or wrongdoing
  • Meet any important deadlines
  • Hold all liable parties accountable

Schedule Your Free Case Consultation

So whether you were hurt in a car accident or a slip and fall, contact the Wilton Law Firm and learn more about what our attorneys can do to help you. The initial case consultation is free, and there’s no obligation. Learn more about your legal options and the potential value of your case.