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If you or a loved one has sustained any type of injuries that resulted from an accident that was caused by someone else’s negligence, then you’re of course going to be concerned about everything that’s required in terms of obtaining your fair and rightful compensation towards all the economic and non-economic damages you’ve sustained.
In order to win any personal injury case, the plaintiff must be thoroughly concerned about the burden of proof that’s involved with the specific scenario. The whole concept of burden of proof relates to the amount of evidence that’s necessary in order to successfully claim compensation, and it’s absolutely crucial that anyone involved in a personal injury case to fully understand what you’ll need to provide in court in order to win.
The burden of proof always falls on the plaintiff in personal injury lawsuits, which inherently gives the defendant a slight advantage considering they don’t have to initially prove anything. Our team of legal experts is here to help you when it comes to meeting the burden of proof and presenting the proof of your case in a convincing manner that persuades a jury or judge of the defendant’s negligence that caused your injury, as well as the damages associated with your injury.
On this page, we are going to discuss everything you need to know in terms of understanding the burden of proof in your personal injury case, and how we can work together as a team to prepare the most convincing preponderance of the evidence as possible.
The burden of proof in personal injury cases is often referred to as a preponderance of the evidence, which essentially means that the plaintiff has better or more convincing evidence than the defendant. This doesn’t mean you have simply more evidence than your opponent, but it does mean your evidence provides enough proof that the defendant’s negligence leads to your injury and essentially makes them liable for the associated damages.
Personal injury cases fall within civil law, which makes the burden of proof much less than in criminal law. In criminal law, the government must prove beyond a reasonable doubt that the defendant is guilty, but within civil cases, plaintiffs only need to provide enough evidence that shows that there is more than a 50% chance that the defendant caused the damages that the plaintiff suffered.
This is where the legal phrase “More Likely Than Not” derives from, because a plaintiff’s attorney only needs to present evidence and an overall argument that a judge or jury considers at least 51% accurate. This may seem outlandish for such serious legal matters, but if a jury believes your evidence and story is “more likely than not” true then you’ve gained a preponderance of the evidence and will win the case.
Once a plaintiff has presented their evidence that shows the defendant’s negligence and liability to damages, it’s then the defendant’s responsibility to show enough evidence that they didn’t commit the certain act, or aren’t responsible for the damages. There are several pieces of evidence that are effective within personal injury lawsuits, and some of the more commonly used pieces of evidence include:
There’s no way of telling which piece or how much evidence will be enough to meet your burden of proof, and there’s no concrete way of deciding how much weight your provided evidence compares to the defendants. The weight of evidence is always going to be subjective, which means the judge or jury will make their own decisions in terms of how important each piece of evidence is when making their final verdicts.
Like we said earlier, it’s the plaintiff’s burden to prove the defendant liable of their injuries at the beginning of every personal injury lawsuit, and the plaintiff only needs to present what’s known as a “prima facie” case. This translates from Latin to “on its face”, which means you only need to present enough evidence that can show the court that you have a good reason to blame the defendant for what happened in your accident.
A prima facie personal injury case will typically require providing proof that the at-fault party:
You’ll also have to provide evidence that you suffered legitimate damages as a result of the at-fault party’s negligent behavior. Some common damages within personal injury lawsuits include the following:
It’s always really important to be able to shift the burden of proof in civil cases, and this can ultimately switch back and forth between the plaintiff and defendant through the showing of sufficient evidence.
If the plaintiff can shift the burden of proof to the defendant and the defendant can’t shift it back to the plaintiff, then the entirety of the lawsuit can be reviewed and presented to the judge or jury via the plaintiff’s attorney. If the court is persuaded by the plaintiff’s presented evidence then the plaintiff will likely win the case’s judgment.
Personal injury cases usually will only require a preponderance of the evidence when it comes to the burden of proof, but there is a different burden of proof associated with punitive damages.
Punitive damages are meant to essentially punish the defendant for their negligence so they act differently in the future, and so it’s the plaintiff’s responsibility to prove to the judge or jury through convincing, clear evidence that they deserve punitive damages. This means you’ll have to show proof that the defendant acted out with malice, oppression or some form of fraud.
Punitive damages will always inherently have a much higher burden of proof than other types of damages, and this is because court systems everywhere want to ensure that only the worst wrongdoers and guiltiest defendants receive these types of harsh penalties.
There’s no doubt about it that personal injury claims are always very complicated, and it only gets even more complicated when a plaintiff has to deal with an at-fault party’s insurance company and their convoluted deception tactics.
At DuBoff & Associates, we pride ourselves on being experts in proving everything that is needed in order to have a successful personal injury claim, and we’re always here to help you with your case’s burden of proof from the very first steps.
So if you believe you have a case that you’d like to pursue, contact us for a free consultation so we can go over the facts involved with your accident and set you up on the right track towards your right to compensation.
Truck underride accidents are some of the most horrific car accidents that can end up causing devastating injuries and death. An underride truck accident occurs when a smaller vehicle collides into the back or side of a commercial tractor-trailer and ends up sliding underneath. Underride accidents are considered to be among the most fatal roadway accidents, attributing to more than 300 yearly deaths in the United States.
What’s so scary about underride collisions is that it’s very common for the roof of a car to be completely sheared off when it slides underneath a tractor-trailer. Our team of MD truck Accident Attorneys is here to support you and your family after these horrific types of collisions, and we understand that your legal strategies aren’t something you’d want to worry about when recovering from a serious injury or wrongful death in the family.
On this page, we’re going to discuss the types of underride collisions and the Truck Underride Act of 2017 so you can have a better understanding of the regulations involved within the commercial trucking industry, and why these regulations are so important for all of our safety.
If you or a loved one was unfortunately involved in a truck underride collision, then you’re going to need legal assistance right away. Contact us today for a free consultation so we can go over the details of the accident and begin the necessary steps towards developing a successful legal strategy.
There are 2 types of truck underride accidents, including:
Weather conditions are also a major underlying factor that leads up to many underride accidents. When cars spin out of control due to slippery road conditions they can end up sliding under a nearby commercial truck.
The Insurance Institute for Highway Safety (IIHS) has conducted tests that show the benefit of side underride guards, but lawmakers and the National Highway Traffic Safety Administration (NHTSA) still haven’t fully committed to requiring side guards on commercial tractor trailers. However, rear guards have been mandated since 1998.
The Stop Underrides Act of 2017 was a proposed bill that established the requirement for the U.S. Department of Transportation (DOT) to issue a rule that enforces the implementation and maintenance of both rear and side underride guards for all commercial tractor-trailers. The proposed law also states the necessity for a study oriented around front underride guards that will help prevent trucks from overriding passenger vehicles.
The bill also requires pre-trip and post-accident inspections by commercial vehicle drivers and their respective companies.
As of today there still are not requirements for side guards on commercial tractor-trailers, but the National Transportation Safety Board (NTSB) has made official recommendations that every new trailer has side guards installed. What’s strange about this issue is that the proposed bill has been criticized by the American Trucking Association (ATA) and throughout the trucking industry for ignoring potential technical issues.
What’s important about this incredibly vital roadway safety issue is that there’s a real necessity to update the overall standards of rear guards for all commercial vehicles, and they’re also needs to be legitimate rules for side guards that can save countless lives.
Lawmakers have been working to make side guards a priority for trucking manufacturers even before they can officially turn this requirement into legislation, but for now, the safety of our roadways is still in jeopardy.
If you or a loved one was involved in a truck underride accident or any kind of truck accident, reach out to us for a free consultation so we can go over the details of your case and begin the initial steps towards securing justice for you and your family.
Our attorneys are here to help you fight for your rightful compensation, and our team of Silver Spring, Bowie, College Park, Landover and Upper Marlboro Injury & Accident Attorneys have the experience to provide you with the very best results possible after such a traumatizing roadway experience.
Truck accidents are unfortunately very common throughout Maryland, Virginia and the D.C. area, and all of these cases involve large commercial vehicles that can create very dangerous injuries when involved in collisions. We understand how truck accident victims keep compensation recovery as a to priority, and how difficult it is to even imagine fully absorbing all of your medical costs, lost wages, future costs and other damages.
Health insurance coverage will only go so far, and you’ll undoubtedly need support when it comes to obtaining the necessary financial resources for physical rehabilitation, your overall trauma coping, any necessary home renovations to assist with long-term disabilities and so much more. We are more than confident that our MD truck accident attorneys will help you determine all your damages after a truck accident, but before we do that we have to undoubtedly prove which party/entity was responsible for the crash.
Determining liability within truck accidents is a lot easier said than done because these are such complex personal injury cases, so on this page, we are going to dive into the finer details that you should know about when it comes to determining liable parties so you can better understand how to file valid claims.
If you or a loved one was injured as a result of a truck accident that was caused by someone else’s negligence, then you should contact us for a free consultation so we can go over the details of how your accident happened and begin the initial steps of our own comprehensive, independent investigation.
There’s no doubt about it that truck accidents are much different than typical car collisions, which is why they require a somewhat different legal approach. First of all, there are several more regulations and laws that are important considerations when it comes to truck accidents. This is partly because both state and federal laws come into play when regulating the entire trucking industry.
It’s also important to understand that there are some situations in which a driver’s negligence was not the root cause of a trucking accident, and some factors may make a business entity the liable party in these types of personal injury cases. Liability in trucking accidents simply could fall on several different parties, and sometimes multiple parties per claim.
Our team of experienced personal injury attorneys has handled these types of cases before and knows how to properly investigate a trucking accident to fully decipher who caused your injuries. Some common defendants in trucking accident claims that could be held liable include the following:
We’ll always make sure we are using much more than just police and witness reports when conducting our investigations. One thing we always do in these cases is looking through a truck driver’s required logs that detail their hours have driven/worked, as well as the vehicle’s maintenance records and reviews.
All of these additional documents can help better determine the proper liable party within a trucking accident claim. We understand the necessary processes that are required when it comes to properly request and reviewing these pieces of evidence while we are working diligently to fully establish the liability involved with your truck accident case.
Other pieces of evidence we’ll gather to help prove negligence and overall liability include:
Insurance policies tend to be much different for commercial trucks, so it’s always crucial to have an experienced truck accident lawyer on your side who knows how to negotiate with insurance providers and other lawyers when it comes to the magnitude of damage recovery that’s typically associated with trucking accidents.
Once you’ve been able to successfully establish liability within a trucking accident, it’s then necessary to establish what damages you’ve sustained. Some of these damages can include:
We understand how truck accident injuries can ultimately have a devastating effect on a victim’s life, which is why our team of Silver Spring, Bowie, College Park, Landover and Upper Marlboro Injury & Accident Attorneys are here to help you maintain financial security while you recover from your injuries. Every truck accident case is unique, so we’ll be ready to put in the necessary investigation to help you fully determine who was liable for your accident and who owes you your rightful compensation.
Don’t hesitate to contact us for a free consultation if you have any questions or concerns about how you can be successful in your truck accident case.
Moderate to serious traumatic brain injuries (TBIs) will almost always have very intense effects on the victims who endure such debilitating accidents. These effects tend to have lasting impacts on victims within a variety of routine behavior, which is why these personal injury cases tend to deal with the loss of quality of life.
On this page, we’re going to explain the many different long-term effects of TBIs and how they affect a patient and their loved ones’ lives. By going through this list of effects you’ll be able to better understand the many symptoms and side effects associated with TBIs, and the proper treatment procedures as well.
Our team has handled countless TBI cases, so we know just how crucial it is for accident victims and their loved ones to be compensated for the damages that persist potentially for a lifetime. If you or a loved one, unfortunately, has suffered from a traumatic brain injury, then you should reach out to us for a free consultation so we can better understand the circumstances of the injury and put you in the best situation to be financially secure throughout the recovery process.
Your brain is always going to immediately work to repair any tissue or internal damage when you’ve sustained a really serious head injury. While some of these restoration processes are effective through the use of direct treatments within the first six months of recovery, there are many instances in which some parts of the brain simply cannot fully heal.
These troublesome cranial areas sometimes will see the progressive decline, which typically results in long-term or even life-long symptoms and general effects. Of course, there are also long-term social and emotional effects that tend to occur within TBI patients that should never be ignored.
The following are some of the long-term effects associated with TBIs:
If there’s anything the medical field knows for sure about TBIs, it’s that there tend to be many different persistent physical problems that occur after these types of head injuries. Here are some of the more common physical complications that TBI patients may potentially face:
Headaches tend to be very frequent, if not daily when someone suffers from a serious TBI. What’s worse is that studies have also shown that migraines and headache symptoms can sometimes become worse as time goes along.
The six-month mark typically tends to be a crucial point in the recovery process in which medical professionals can have a pretty good understanding as to whether or not chronic headaches will continue for years or even forever within a patient.
Headaches are physical symptoms that sometimes even persist after a TBI patient is considered fully recovered, so this is by far one of the most common long-term effects of TBIs.
Dizziness is a very common symptom of TBIs, and about one-third of TBI patients experience dizziness for a minimum of five years after their injury. But, what’s important to know about dizziness is that over time it’s likely to improve.
All types of sensory complaints are very common within serious TBI patients, and there are many instances in which this symptom ends up being a long-term problem. The medical terms for these sensitivities are phonophobia and photophobia, and about 25% of TBI patients undergo these sensitivities even a year after their injury.
These sensitivities, like other long-term symptoms, are lifelong concerns.
Patients’ eyes are sometimes greatly impacted by TBIs, which can sometimes lead to the general inability to focus properly when looking at something close by. TBIs can also lead to visual issues that make a patient’s vision blurry or have double vision.
As TBIs increase in severity, it’s generally more likely for the patient to undergo mental and physical fatigue more easily. Fatigue is a physical ailment that tends to have emotional symptoms as well, which can have a ripple effect on the daily life of a person throughout the TBI recovery process. Light sensitivity and other sensory issues also compound upon fatigue after a TBI.
Around 40% of TBI patients have some kind of late-stage seizures, which is a clear indication of very serious TBIs. When a patient undergoes consistent seizures for a long period of time, it can sometimes be a lifelong concern.
It’s difficult to verify whether or not seizures that occur briefly after an injury are still linked to epileptic attacks years later, but seizures are nonetheless a very serious and frightening long-term effect of TBIs.
There are also many types of psychological and emotional effects associated with TBIs, some of which could potentially develop years after the initial accident.
One of the most common of these issues is overall memory problems, which is known to last for multiple years within about 45% of TBI patients. It’s safe to say that there are mental improvements overtime for all TBI patients, but of course, there are situations in which these types of effects can persist for decades or even a lifetime.
Some long-term, non-physical effects include:
Irritability tends to be a very common effect of TBIs that can develop anytime during the first three years of recovery. A lot of these emotional changes are directly correlated to other physical problems like chronic pain and fatigue, so the longer the physical effects last the more likely patients will see more dramatic emotional effects as well.
This is why treating the most serious physical symptoms of TBIs is so important during the initial recovery stages.
Damage within the brain is always a major concern for serious TBI patients, which can end up leading to neurodegenerative diseases like Alzheimer’s and dementia later in life. There aren’t any clear statistics about the likelihood of TBI patients acquiring these diseases, but in general, the experts say that TBI patients are at the highest risk of these very debilitating mental disorders.
It should never be surprised that a TBI can potentially have a dramatic effect on a patient’s overall quality of life, and the following are some important factors to consider:
There is no denying the fact that people who’ve suffered from a serious TBI are more likely to pass away due to some related complications to their injury. It’s also very unfortunate that depression and other psychiatric issues lead to higher risks of suicide amongst TBI patients.
Older TBI patients are also more susceptible to serious issues like sepsis, pneumonia, dementia and Alzheimer’s. Chronic traumatic encephalopathy (CTE) is also something that tends to happen for those who have undergone serious TBIs, which has recently been highlighted as an issue within the NFL and other professional sporting leagues.
But, we must also recognize that medical professionals have done a wonderful job in recent years to decrease TBI patient mortality rates in recent years, and this trend appears to be continuing to improve.
People who suffer from serious TBIs are much more likely to have difficulty getting back in the workforce than those who suffer mild TBIs, and a recent study showed that only about one-third of TBI patients had a full-time job several years after their injury.
This is a big reason why it’s so important to recover all of the necessary damages within a TBI personal injury lawsuit because there almost always is a serious struggle for financial security after these types of injuries.
It’s rather rare that TBI patients are capable of fully participating in the same activities that they did prior to their injury, and what’s very sad is that the many persistent physical ailments to TBIs tend to lead to social isolation. Social isolation has been known to contribute to a loss of quality of life in many TBI patients.
One of the most important considerations when it comes to TBIs is to never give up, and there are always going to be countless medical and social resources that are available for TBI patients to assist them through the recovery process.
But it goes without saying that this type of recovery process is not easy on an injury victim and their family, which is why our team of Silver Spring, Bowie, College Park, Landover and Upper Marlboro Injury & Accident Attorneys is here to help you in recovering all the necessary compensation for the long-term damages that may last a lifetime.
If you or a loved one has endured a traumatic brain injury in an accident that was caused by someone else’s negligence, then you need to contact us immediately for a free consultation so we can begin the first steps towards your financial security.
There are many instances in which moderate to severe traumatic brain injuries (TBIs) end up having very long-lasting or permanent effects. So while victims and family members are undergoing the rehabilitation process, it’s important to fully understand the life challenges that TBI victims will have to adapt to in order to live a more fulfilling life.
Polytrauma is very common with serious TBIs, which means that patients will many times face several other types of injuries on top of their brain injury. There are also many instances in which patients appear to have recovered, but will still endure long-term symptoms for years and potentially the rest of their lives.
Although there have been a lot of technological and treatment advancements in recent years, TBIs still remains a life-changing condition that requires the long-term assistance of family members and other caregivers. On this page, we’re going to discuss the common long-term effects and living tips associated with these very serious personal injury cases, and by going through this page TBI victims and their loved ones will have a more comprehensive understanding as to how to live life to the fullest after a TBI.
So if you or a loved one has suffered from a traumatic brain injury of any kind, contact us today for a free consultation so we can begin the necessary investigation to help you receive your rightful financial assistance that will make the recovery process somewhat more manageable.
TBI patients will tend to have a more difficult time when it comes to completing a whole array of everyday tasks. Every TBI is different, but the following are some of the common impacts that injury victims and family members should keep in mind:
The following are some very important tips for TBI victims and family members to consider when it comes to having a successful recovery:
There’s no doubt about it that making a TBI comeback is really difficult, but staying positive is always the first thing to consider because it always goes a long way. There are real effects in terms of motivation and goal-oriented activity when it comes to TBIs, but it’s important for victims to know this is just a part of the injury and they should never be defined by their TBI.
There are many examples of people who have experienced a TBI and then gone on to live very successful lives, so the way you think and talk about your injury will ultimately affect your feelings towards it. So stay positive and always keep your dreams and aspirations for the future bright!
It’s important for TBI victims to know that there really are a lot of other people going through the same recovery process, so you should never isolate yourself and you should always associate with people who will respect you and treat you kindly. Group therapy is a good option for people to share their recovery stories and let other people know what they’re experiencing.
There are countless psychologists and other medical professionals who are simply waiting to help you, so by reaching out you can support your recovery tremendously.
Be your own detective when it comes to better understanding your TBI symptoms, which means deducing what the causes are of your symptoms and what makes them better or worse.
It’s a great idea to keep track of your lapses in memory and other symptom signs as best as you can so you can later be able to redirect your focus and see improvements. The more you track your symptoms, the more you’ll be able to change them for the better.
There are several factors that come into play when it comes to the longevity of the recovery process after a TBI, which is why it’s always crucial to undergo a series of neuropsychological treatments so you can have a more comprehensive understanding of the uniqueness of your TBI.
When you go the extra mile to continually seek professional help, you’ll be able to know what the contributing factors are towards your symptoms and then receive the professional recommendations to help your daily life improve faster.
Relaxation strategies are always really important for TBI victims to incorporate into their daily routines because it’s crucial to regulate stress levels during the recovery process. Stress has terrible effects on everyone’s brain functioning, and anxiety will always make TBI symptoms much worse.
We recommend that TBI victims do quick relaxation strategies before undergoing a specific task, and this can include meditation. Meditation is a widely known strategy to combat the effects of TBIs because it helps decrease worry and increase concentration and overall attention.
Stress management is always going to help TBI victims when it comes to memory and concentration, so this is a very big part of the recovery process!
Personal mottos are great when it comes to helping TBI patients remember what they need to do on a daily basis. Some examples are “be here now”, “stop, relax, refocus”, but this motto can be whatever helps you settle your mind down or just keep you focused on what’s at hand.
Family members will always be a critical part of the TBI recovery period, and there are many instances in which family members also can benefit greatly from going through counseling and helping themselves cope with the changes that a TBI places on family life.
Caregivers also need to take themselves into consideration in terms of self-care, because it’s never good when a caregiver gets burned out of taking care of a TBI patient.
This type of treatment does wonders for TBI patients in terms of attention, thinking and general memory problems. One of the great benefits of going through cognitive rehabilitation is that it’ll help a TBI patient and their family to better organize their daily lives and overall environment to help the patient with productivity.
There are plenty of inpatient and outpatient programs that assist TBI patients, and no matter what happens, the more medical expert attention you receive the better off you’ll be for the future!
Our team of Silver Spring, Bowie, College Park, Landover and Upper Marlboro Injury & Accident Attorneys are here to help individuals and families undergoing a TBI rehabilitation process. We fully understand how much goes into life after a TBI, which is why we’re here to make the financial recovery process easier.
If you or a loved one has suffered from a traumatic brain injury that was caused by someone else’s negligence, don’t hesitate to reach out to us for a free consultation so we can begin the process of getting you the recovery you need for your current and future damages.