"Thank you so much for all your guidance and support during this difficult period in my life.I Will Never Forget Your Compassionate Professionalism And Unparalleled Legal Expertise." -Zachary P..
"From the 1st meeting, he invested so much time & interest. He was so helpful & reassuring. We won in court." -Ina Lerner.
"They’re the best. You will never lose with them" -Ana Thomas.
"Their services were honest with integrity. I always walked out their office with a smile." -Damilola Adeyale.
"I had a tough case in the beginning but it ended wonderfully and I grossed more than I expected. I recommend each & everyone who has an accident or any other legal matters, to please call Duboff & Assoc." -Terrence Edwards.
"The service was great and very understanding and straight forward all the way to the end." -Kevin Hines.
"I had a great experience working with Duboff & Associates through my legal case. I was involved in a car accident by a tuck tractor at no fault of mine. Mr. Duboff was such pleasant person that he guided me through the process and through by medical care." -Mohamed A..
"We are most grateful to you personally as well as your entire staff at DuBoff & Associates. Had it not been for your legal expertise, our opponents would have prevailed. The series of meetings we had–especially on Sundays to accommodate our individual schedules and our witnesses–deserve special mention." -Isaac Vodi, Riteway Driving School.
"I will not hesitate to refer them to my friends and I have done it before. Again I am very pleased for the good service they provided me. I will always come back for future incident." -Read the full testimonial.
"You have been great to work with, you are a top notch attorney in my opinion. This is my first experience and hopefully my last but I appreciate your openness, patience, and honesty in guiding me through the process. You always made me feel you were working on my behalf to get the best settlement possible." -Larry McClain.
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 lead 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 defendant’s. 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.