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

If you want to win damages in a personal injury lawsuit, you need to meet a certain burden of proof. You need evidence and you need to build a convincing case that shows how the defendant caused you or your loved one harm. If you cannot meet this burden of proof, you’re not going to get a meaningful settlement. This is why you should hire our seasoned Washington D.C. injury attorneys when you are trying to build your case. We can help you meet this high standard and hold any negligent parties accountable.

Do You Meet the Burden of Proof With a Preponderance of Evidence?

One term that you might have heard is “preponderance of evidence.” To put it simply, this means that you have enough evidence to show that your version of events is more likely than not the one that actually occurred. The defendant might have their own version of events, but it’s just not as likely to be true as your retelling of events due to the evidence you’ve gathered.

You can use all sorts of evidence to meet the burden of proof. Some things that can help include:

  • Photographs
  • Surveillance footage
  • Eyewitness reports
  • Police reports
  • Testimony from expert witnesses
  • Written communications, like texts and e-mails

Your evidence should also help show that the defendant owed you a duty of care. Let’s say that they were a driver involved in a car accident that caused you serious injuries. They owed you a duty of care as a fellow motorist, but they acted recklessly and you got injured as a result. We can draw a direct line between your damages and the defendant’s lack of care.

Is There a Burden of Proof For Defendants?

The defendant does not have to prove anything really. It is up to the person suing for personal injury to make people believe their version of events. They can introduce evidence of their own and tell their side of the story though.

Should I Hire a Lawyer?

Meeting the burden of proof can be difficult depending on the circumstances of your case. An attorney can help you meet this standard and fight for the compensation that you deserve. A lawyer from our firm can help you by:

  • Gathering evidence
  • Connecting you with expert witnesses
  • Fielding settlement offers
  • Calculating fair compensation
  • Defending you from accusations of wrongdoing or fault
  • Preparing you for testimony or depositions

Contact Our Personal Injury Attorneys

If you want to learn more about what our attorneys can do to help you meet the burden of proof in your case, contact Trombly & Singer, PLLC. We can schedule a free case consultation and answer any questions that you have about personal injury claims.