What is the Burden of Proof in a Personal Injury Claim?

If you have sustained injuries after an accident due to no fault of your own, you are entitled to seek compensation for the damages you have wrongfully endured. Unfortunately, accidents are often devasting, resulting in emotional and financial burdens that can affect you for years down the road. As such, you may wonder what is required to obtain a fair recovery for your losses. You must satisfy the burden of proof to succeed in your personal injury case. Essentially, this legal concept refers to how much evidence you need to prove the other party’s negligence. Please continue reading to learn the burden of proof in a personal injury claim and why connecting with our trusted Morris County Personal Injury Attorneys is in your best interest. 

What is the Burden of Proof?

Firstly, it’s essential to understand that even though you may have been injured in an accident, that does not mean you will automatically have the right to pursue legal action. Another party’s negligence must have been a factor in the accident to file a personal injury claim. To collect compensation for the damages you have incurred, you must fulfill the burden of proof. Essentially, this means you must prove that the other party acted negligently, which, in turn, caused your injuries.

In a criminal case, the standard of proof is “beyond a reasonable doubt.” However, in a personal injury case, the standard of proof is based on a “preponderance of evidence.” This threshold of proof means that evidence brought by the injured party must prove that the defendant was more than 50 percent more likely than not to have caused the accident due to their careless actions. It’s important to note that negligence is based on whether or not the defendant acted as a reasonable person would have acted under the same circumstances. The key elements of negligence are:

• Duty of care: First, you must demonstrate that the other party had a duty to act carefully. Duty of care is the responsibility we have to act in a reasonably safe manner.
• Breach of duty: In addition, you must prove that the defendant, in their actions, breached their duty of care by failing to exercise care.
• Cause: You must establish that their negligent, reckless, or intentional conduct caused your injuries. You must prove that the injuries would not have been otherwise sustained without the defendant’s unsafe actions.
• Damages: You must show that your injuries caused you to suffer economic and non-economic damages.

While the elements of negligence may seem straightforward, proving them can be more complicated. As such, it’s in your best interest to enlist the help of a seasoned Morris County personal injury attorney who can help investigate the circumstances of the accident, looking to gather as much evidence as possible to support your claim. At Lutz Injury Law, we are prepared to help you fight for the compensation you deserve and need to get your life back on track.