After a serious accident caused by someone else’s negligence, you could be entitled to financial compensation from the at-fault party. To succeed in a personal injury claim, injured victims will have a burden of proof to show that the evidence supports their claim for damages.
Before moving forward in a personal injury case, you’ll need to know what burden of proof applies to your case and whether you have enough evidence to meet that burden.
What Is a Burden of Proof?
In legal cases, including personal injury lawsuits, the plaintiff is the person filing the lawsuit, while the defendant is the party responding to the lawsuit. The plaintiff in any case has a burden of proof to meet before a judge or jury can enter a verdict in their favor.
In a criminal case, the burden of proof is “beyond a reasonable doubt”. The burden of proof for plaintiffs in a personal injury case is “preponderance of the evidence,” which is a lower burden to meet.
What is a preponderance of the evidence? Under the preponderance standard, a plaintiff has to prove it was more likely than not that the defendant caused the accident and damages. In other words, they’ll need to convince the judge or jury that it was more than 50% likely that the defendant caused the accident.
Some cases involve a different burden of proof, called “clear and convincing evidence.” If you are seeking punitive damages in a personal injury case, for example, you might be asked to meet that higher burden of proof. The clear and convincing burden of proof is higher than preponderance of the evidence, but not as high as the reasonable doubt standard used in criminal cases.
Burden of Proof in a Negligence Claim
Personal injury cases are normally based on the legal theory of negligence. To meet their burden of proof in a negligence case, plaintiffs must use evidence to prove four elements:
- Duty of care: We all owe certain duties of care to others, depending on the situations we are in. Doctors owe duties to patients, store owners owe duties of care to customers, and drivers owe duties to other drivers. Duty of care means that we must act with reasonable care and caution for the safety of others. For example, drivers are expected to stop at red lights and avoid car accidents in order to meet their duties of care.
- Breach of duty: When a person does not act as a reasonable person should have done under the circumstances, that can be a breach of duty. For example, if a business owner does not fix a broken step in their building when they know it could cause someone to trip, they could have breached their duty of care.
- Causation: A personal injury plaintiff needs to prove that “but for” the defendant’s actions, the accident and injuries would not have happened. There needs to be a direct link between the defendant’s action and the plaintiff’s injuries. The “chain of causation” can’t be broken by some other factor or the actions of a 3rd party.
- Damages: Plaintiffs must be able to show they were actually damaged by the defendant’s negligence. Medical bills, lost wages, property damage, and other expenses can help prove economic damages in a personal injury case. Emotional distress, anxiety, loss of companionship, or pain and suffering can help prove non-economic damages.
A skilled Minneapolis personal injury lawyer will use all available evidence in your case to prove the elements of negligence by a preponderance of the evidence.
What Evidence Can be Used to Meet the Burden of Proof?
To meet the burden of proof in a personal injury claim, accident victims and their attorneys will use evidence that can be admitted in court. Some evidence that might be used to meet your burden of proof includes:
- Documents: Medical records, property repair invoices, proof of lost wages, reports made by experts, weather reports, and other documents or business records can be used as evidence to support your case.
- Evidence from the accident scene: Photos from the accident site, physical evidence from the accident, video footage, witness statements, and other evidence connected to the accident can be used to meet the burden of proof. Having a lawyer at your side as soon as possible after an accident can help ensure that critical evidence from the accident is preserved.
- Expert testimony: Crash scene investigators, medical experts, occupational experts, and experts in other fields can help a judge or jury understand how the accident happened and how you were impacted. Experienced Minnesota personal injury lawyers will be able to locate experts who can step up and help you in your case.
Every accident is different, and the evidence to meet your burden of proof will be unique to your case. An experienced personal injury attorney will help you navigate the legal process and meet the burden of proof that applies in your case.
A Minneapolis Personal Injury Lawyer Can Help You Meet Your Burden of Proof
If you were injured in an accident in Minneapolis, Minnesota, you could seek financial compensation in a personal injury claim. Proving your case and winning monetary damages will involve a burden of proof you are required to meet. The dedicated personal injury lawyers at Hall Law Personal Injury Attorneys know what to do and how to meet your burden of proof. Contact us online our law office at (800) 292-1979 today to schedule your free consultation.
