Personal Injury Cases And The Burden Of Proof
You may have heard the term "burden of proof" used when referencing legal matters. Both criminal and civil cases use a burden of proof standard but the burden is different for each type of case. If you have been hurt by the negligence or carelessness of another, you might need to understand how the burden of proof affects your case. Read on to find out more.
What is the Burden of Proof?
Trials are all about proving that the charges or allegations in a case are true. The state has the burden of proof in criminal trials and the plaintiffs (you) have the burden of proof in civil cases like a personal injury case. In a criminal case, the freedom, life, and livelihood of a human being are being judged. That means that the burden of proof is that much more stringent than that of a civil matter. Criminal defendants must be proven innocent beyond a reasonable doubt. That means that the jury must automatically begin their deliberations based on the defendant's innocence. They then look at the evidence and evaluate the defendant's guilt based on what a reasonable person would believe in those circumstances.
Civil Cases and the Burden of Proof
Civil cases involve financial issues and the burden of proof is somewhat lower. Instead of proof beyond a reasonable doubt, civil cases can be proven by a preponderance of evidence. With a personal injury case, there is nearly nothing as important as the evidence presented at the trial. Evidence consists of not just physical items but the testimony of witnesses and more. Take a look at some common forms of evidence that might be used to convince a jury by a preponderance of the evidence.
- Medical records are used to show the dollar amount of medical expenses as well as the degree of pain and suffering that can be awarded. Those with minor injuries may be entitled to compensation, but more serious injuries will call for higher pain and suffering awards.
- Expert testimony can be used for several purposes. An accident reconstruction expert can give an opinion as to who caused the accident and a medical expert can give an opinion as to future medical needs for a victim.
- Lay testimony can be used to demonstrate how the accident has impacted the victim's life. Pain and suffering and punitive damages can depend heavily on this type of personal testimony.
Taking part in attaining and gathering the needed evidence will fall to both you and your personal injury attorney. Talk to your attorney about what is needed to show that you are entitled to be compensated by a preponderance of the evidence.
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