The burden of proof is the idea of how sure the jury has to be to side with a client. In personal injury cases, you must prove that your side of the story is more likely to be accurate and valid than the other party’s.
Read on to learn how the burden of proof works in personal injury cases in California and its importance in claiming compensation for the damages of an accident.
What Is the Burden of Proof in Civil Cases?
Civil cases, such as personal injury, focus on retrieving monetary compensation for an unfavorable incident resulting in damages or injuries. In such a claim, you must prove that the accident caused your damages.
The burden of proof in civil cases is the idea of how certain the jury must be to side with a client. This means that you only need to justify that your side of the story is more likely to be true and accurate than the other party’s to convince the jury of your right to compensation. This concept falls under preponderance of evidence in civil cases.
According to California Civil Jury Instruction 200, “A party must persuade you [the jury] by the evidence presented in court that what he or she is required to prove is more likely to be true than not true.” With this, you only need to prove through sufficient evidence that your case is at least 51% valid and accurate to claim restitution.
What is Preponderance of Evidence?
The preponderance of evidence refers to proving that the facts are more likely than not. In other words, one side of the argument has a greater weight of proof than the other.
Let’s say a negligent driver hits you. In such circumstances, you must persuade the jury that the facts of the case justify that the at-fault driver’s negligence caused your injuries.
You may carry the burden of proof and prove your case by having more, better, and more convincing evidence.
This can be fulfilled by having the necessary evidence to prove your case. For instance, a car accident claim can be established through the following:
- testimonies of witnesses,
- police reports,
- photos of the accident,
- vehicle repair or replacement bills and
- medical diagnosis.
If the pieces of evidence are equally balanced, then you failed to prove your case against the defendant. As a result, you won’t receive any compensation for the damages caused by an accident.
Who Has the Burden of Proof in a Personal Injury Case?
In a personal injury case, the plaintiff or the victim who filed the lawsuit has the burden of proof. The plaintiff needs only to demonstrate that after proving their case against the defendant, the balance slightly leans in their favor.
The court will likely dismiss their claim if the plaintiff fails to prove their side of the case. As a result, they will not receive restitution for the damages caused by their accident.
How Does Negligence Work in the Burden of Proof?
Generally, negligence answers the question, “Did someone act reasonably in a certain situation?” For example, because a driver was using their phone, they suddenly hit the back of your car. In such an instance, the driver was acting negligently, which caused the accident.
It is easier to define the burden of proof in a civil case if the other party’s negligence is obvious and definite. From the example earlier, you will likely win the case and receive compensation since the driver was distracted and violated the law, resulting in your accident.
Essentially, you can justify a driver’s negligence through these four elements:
- The driver was responsible for ensuring the safety of others on the road.
- The driver neglected this duty.
- The breach caused an accident.
- The accident resulted in injuries or other damages.
What Are the Challenges of the Burden of Proof in a Personal Injury Case?
If you are filing a case against the at-fault party, there are particular challenges you may face when carrying the burden of proof and justifying your claim. The following are the most common challenges of burden of proof in a personal injury case:
You are Partially Liable for the Accident
If you are partially responsible for the accident, you may still file a claim and receive compensation. However, you must have convincing evidence to establish the other driver’s negligence, which caused the damages of the accident.
For instance, a distracted driver hit you from the side. At the time of the crash, you were going over the speed limit. The facts of the case showed that you and the other driver were equally negligent during the accident. In such circumstances, you will need more compelling evidence to show that your side is at least 51% true.
Limited Time to Have a Strong Case
Some cases may take some time to develop. For example, you were involved in a severe car accident that resulted in late-appearing injuries. In this case, it will take longer for doctors to diagnose your injuries and determine the treatments you need to recover.
This can particularly hurt your case, especially since you are only given two years after the accident to pursue a claim in California. This is why it is essential to reach out to a legal expert who understands and knows the legal steps to take to avoid wasting time when proving your case.
Lack of Evidence
To slightly tip the scale in your favor, you must have the necessary evidence to support your claim. Unfortunately, your case will likely be dismissed if you lack sufficient and strong proof. There are instances where the evidence is insufficient to prove that your side of the story is 51% true.
A personal injury lawyer has the resources to examine your accident and collect evidence to prove their case. They work hand-in-hand with investigators to gather proof to help you win your claim.
Do I Need a Lawyer to Prove the Burden of Proof in a Civil Case in California?
Technically, you may file a personal injury case independently if you were involved in a minor accident in California. However, you may encounter several challenges when pursuing an accident claim, especially if your accident resulted in catastrophic injuries and other damages.
For instance, you incur a traumatic brain injury from a car accident. At the time of the crash, it was physically impossible for you to gather evidence that may help define the burden of proof in a car accident claim. In such cases, how will you prove your case if you have limited evidence to support it?
In such circumstances, a California personal injury lawyer can help collect evidence and prove liability to help you justify your case. They can also fulfill the following legal responsibilities to defend your case:
- Gather sufficient evidence.
- Prove liability.
- Calculate the total damage.
- Meet legal deadlines.
- Proceed to trial if necessary.
We at Jacoby & Meyers prioritize our clients’ needs by successfully providing quality legal services and winning personal injury cases. We have experienced and passionate attorneys who can help you with every legal step in pursuing a claim. Contact us at 800-500-0000 for a free consultation. We will examine your situation and provide the best legal options that suit your needs.
Jacoby and Meyers. Because You Deserve Justice.