After an accident, the victim (or plaintiff) has the burden of proving that the defendant is liable for their injuries. This means that if you are hurt by someone else, you must present sufficient evidence to prove your claim.
Different types of cases have different burdens of proof, and this can greatly affect the outcome of your case.
Keep reading below to learn more about the burden of proof and what it means for your personal injury case.
Varying Burdens of Proof
Different types of cases require different levels of proof. Understanding which standard applies to your situation allows you and your lawyer to develop the right legal strategy and collect the most persuasive evidence. Each burden of proof sets a specific level of certainty that the judge or jury must reach before deciding in your favor.
There are a few different burdens of proof that exist. For instance, the burden that the prosecution must meet in a criminal case is different from the burden required of a plaintiff in a civil case. The varying burdens of proof are as follows:
Beyond a Reasonable Doubt
Proof beyond a reasonable doubt is required in criminal cases in California as well as other states. This is the highest burden of proof that can be met. To prove something beyond a reasonable doubt means that, based on the evidence presented during the trial, there is no other reasonable explanation for what happened other than the theory presented by the prosecution.
Keep in mind that proof beyond a reasonable doubt does not mean that members of the jury must have absolutely zero doubt. It means they must have no reasonable doubts about the prosecution’s case.
Clear and Convincing Evidence
The next level of proof is “clear and convincing evidence.” This is the burden of proof that commonly applies to situations involving punitive damages. To recover punitive damages in California, a plaintiff must show by clear and convincing evidence that the defendant’s conduct was malicious, oppressive, or fraudulent.
In California, clear and convincing evidence means that it is highly probable that the facts presented are true.
Preponderance of the Evidence
A preponderance of the evidence is the burden required in most civil cases, especially personal injury cases involving negligence. A preponderance of the evidence means that your version of the facts is more likely to be true than not.
Consider a car accident in which a drunk driver slams into another vehicle and kills an innocent victim. The state may prosecute the drunk driver for homicide. They may be unsuccessful with the prosecution because they must provide proof beyond a reasonable doubt. However, the family of the victim might be successful with a wrongful death lawsuit because a civil case only requires a preponderance of the evidence.
Types of Evidence Used as Proof
There are many types of evidence that may be used to meet these burdens. The California Rules of Evidence determine whether a certain piece of evidence will be admissible in court in a particular case. However, some common types of evidence used in both criminal and civil proceedings include:
- Witness testimony
- Photographs
- Video evidence
- Contracts or other documents
- Text messages
- Call logs
- Surveillance footage
The more evidence you have to prove your case, the more likely you will be successful. Also, the higher the burden of proof, the more evidence you likely need to win your case.
Proving Negligence in a Personal Injury Claim
After an accident, you must prove negligence by a preponderance of the evidence to get compensation for your damages. Establishing negligence requires proving four elements:
- Duty of care: You must show that the defendant owed you a legal duty to act in a certain manner. In most cases, they must act as a reasonable person would act in a similar situation.
- Breach of duty: Next, you must prove that the defendant acted outside of the accepted standard of behavior.
- Causation: The third element requires proving that the defendant’s conduct was both a direct and proximate cause of your injuries.
- Damages: Finally, you will need to prove that you suffered some damages, such as medical bills, lost wages, or pain & suffering.
If you can prove all four of these elements, you have a high likelihood of being successful with your claim.
Contact JUSTICENTER Personal Injury Lawyers to Schedule a Free Consultation With an Encino Personal Injury Lawyer
If you have been hurt in an accident in Encino, CA, the experienced team at JUSTICENTER Personal Injury Lawyers is here to help. We can investigate your accident and help you gather the evidence required to meet the burden of proof in your case.
Give us a call today at (833) 852-3600 to speak to an experienced Encino personal injury lawyer, or contact us online and let us help you fight for the compensation you deserve.
