After an accident, a victim is generally entitled to recover damages from the at-fault party. However, the insurance company will not pay the money without proof. The plaintiff in a personal injury case has the burden of proving that their version of the facts is true.
Different types of cases have different burdens of proof, and the burden of proof that applies in your situation can have a significant impact on the outcome of your case. The burden of proof dictates the standard you must meet to win your case. In a way, it describes how much evidence you need to win.
Keep reading to learn more.
Different Burdens of Proof
Different types of cases have different burdens of proof that must be met to win. For instance, criminal cases have a different burden of proof than personal injury cases.
Here are the different burdens of proof and more details about each.
Beyond a Reasonable Doubt
Beyond a reasonable doubt is the highest burden of proof that can be met. To secure a conviction in most criminal cases, the evidence presented must provide proof beyond a reasonable doubt. This means that there is no other reasonable explanation for what occurred except for your version of the events based on the evidence presented.
Remember that “beyond a reasonable doubt” does not mean that there is absolutely zero doubt. However, the finder of fact (the judge or jury hearing the case) has no reasonable doubt that what you claim is true is what actually happened.
In criminal cases, the prosecution has the burden of proof. They must prove the defendant’s guilt beyond a reasonable doubt.
Clear and Convincing Evidence
Clear and convincing evidence is the next highest burden of proof. In Texas, punitive damages may be available in some personal injury cases if the plaintiff proves by clear and convincing evidence that the defendant’s actions involved fraud, malice, or gross negligence.
The standard of clear and convincing evidence in Texas means “the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” On a scale of zero to 100, you can think of this burden of proof as requiring somewhere between 70% to 80% of the evidence in your favor.
Preponderance of the Evidence
A preponderance of the evidence is the lowest burden of proof. This burden is used in most civil cases, including personal injury cases. This standard requires proving that your version of the facts is more likely true than not. On the zero to 100 scale mentioned above, a preponderance of the evidence means that you only need 51% of the evidence in your favor or just enough to tip the scales to your side.
It is important to note how different burdens of proof can apply in different types of cases. For instance, suppose your loved one was killed by a reckless driver who is driving at an excessively high rate of speed. They could face criminal charges of vehicular manslaughter, and you might also bring a wrongful death lawsuit against them in civil court.
It is possible that the prosecution might not be able to prove their guilt beyond a reasonable doubt. However, you could still win your civil case because you only need to prove your claim by a preponderance of the evidence.
How to Prove Negligence in a Personal Injury Case
Most personal injury claims are based on the legal concept of negligence. This means that the defendant acted outside of a reasonable standard of behavior, and you suffered some injury as a result. Negligence involves four legal elements, all of which must be proven by a preponderance of the evidence.
- Duty of Care: This is a legal duty established by law, morals, custom, or a relationship between the parties to act in a reasonable manner under a given set of circumstances.
- Breach of Duty: The defendant failed to uphold the standard established by the duty of care. This means that they did not act reasonably in the situation.
- Causation: Your injuries were both a direct and foreseeable consequence of the defendant’s behavior.
- Damages: You suffered some actual losses due to the accident, such as medical bills or lost wages. You may also be entitled to recover pain and suffering damages as well.
If you are able to prove all four of these elements by a preponderance of the evidence, you have a high chance of success with your personal injury claim. This means that you will likely be able to recover both economic and non-economic damages resulting from the accident.
Schedule a Free Consultation With a Dallas Personal Injury Lawyer Today
If you have been hurt in an accident, the last thing on your mind is the legal burden of proof required to win your case. You just want to be able to recover all the compensation that you are entitled to after your accident to pay your medical bills and other expenses.
Call Benton Accident & Injury Lawyers to schedule a free consultation with our Dallas personal injury lawyers.