The defendant and plaintiff prove facts by bringing forward evidence, like documents (expense receipts and medical records) and witness testimony. Different types of cases require different burdens of proof. This article talks about the legal burden of proof in an accident lawsuit, how it differs from case to case and why it is a threshold that a plaintiff must attain to have fact legally determined. Many people are aware of the burden of proof (or standard of proof) that are used in criminal cases. In criminal lawsuits, an attorney has to prove beyond reasonable doubt that the defendant is guilty. Meaning, the juror has to determine that there isn’t a reasonable judgment to reach other than that the accused is guilty of the crime charged. In such a case, the standard of proof is very high. But this is not the case for injured people; the reasonable beyond doubt is not applicable in accident injury lawsuits. The burden of proof is much lower in an accident injury case and is often not as difficult to satisfy. Here, the burden of proof is on the plaintiff (or his or her attorney), who has to prove that the defendant is guilty beyond a preponderance of the evidence, or that the probability that the defendant was negligent is much higher than not. In other words, the prosecutor must be convinced that the likelihood of the plaintiff’s facts is true is at least 51%.
One attorney from The King Law Firm had this to say about the preponderance of evidence standard, “Although the preponderance of evidence is a relatively low standard of proof, it’s still not easy for a plaintiff to collect the evidence and present it in the court of law. Car Accident in Sylmar attorneys have numerous years of experience providing proof in road accident cases and will do their best in collecting evidence that their clients require to make a strong case.”
Road accident cases can be settled in or out of court. But regardless of where the case is settled, it is important for victims to secure an experienced car accident lawyer, who will initiate the settlement negotiations with the insurance company of the other party. For an out of court settlement, the attorney will need to present evidence that the other driver was guilty to the insurance adjusters – this may include photos, witness statement, and copies of the police report. This evidence is meant to convince the insurance company to pay up.
Commenting on what happens if the lawyer fails to strike an agreement with the insurance company, The King law Firm Attorney said, “If the lawyer is not able to convince the insurance company to offer a reasonable settlement, the case may then move to court, where the attorney will need to prove that the defendant was negligent. This proof will include police reports, medical reports, witness statements, lost wages statement, crash scene diagrams, and photos and expert testimony.”
About The King Law Firm
The King Law Firm is a reputable law firm that specializes in road accident matters. Clients looking for a personal injury attorney in Ventura can count on The King Law Firm to get results.