If you have sustained injuries from a car accident caused by another person’s negligence, you will want to know everything there is and what is required of you to recover the damages you genuinely deserve. Knowing the cause of the accident and how you sustained your injuries is never enough. Your most significant concern should be the burden of proof.
It refers to the nature and degree of evidence you need to claim compensation successfully. It is crucial for every plaintiff in a car accident lawsuit to understand what they need to prove in a civil court to win the case. That is what we will discuss in this article. Hire a competent personal injury attorney for more information and help with filing a winning personal injury lawsuit against the negligent party.
The Burden of Proof — What it Entails
When a person suffers an injury or incurs damages due to another’s negligence, they are eligible for compensation under the personal injury laws. Sadly, personal injury cases are not as straightforward as they seem. In a civil court, the injured (plaintiff) must prepare and file their claim, complete with compelling evidence. The judge will study the evidence and compare it to the defendant’s version of events to make the final decision. Thus, you could win or lose in a car accident lawsuit. Some plaintiffs fail even when it is evident that they were involved in an accident and suffered severe damages.
You need to partner with a competent personal injury attorney for legal advice and guidance to avoid that. Experienced attorneys understand the nature of these cases better to know the kind of evidence you need to win the case. The burden of proof is the primary determinant of a personal injury case outcome. In car accident lawsuits, this burden falls on the plaintiff. Thus, it requires adequate planning and preparation to win.
For instance, if you suffered injuries in a car accident, the law does not require you to prove the cause of the accident. But you will need that proof if it is necessary to demonstrate the defendant’s negligence. The burden of proof gives the plaintiff an advantage over the defendant, impacting the case's outcome. Your attorney will help you meet this burden and convincingly present that proof before the judge. Your evidence will be based on the defendant's negligence and how it caused your injuries.
The burden of proof refers to the extent that the plaintiff should present their allegations in a civil court. Typically, personal injury suits in California have one of the following burdens of proof:
- A preponderance of the evidence, or the ‘more probable than not’ type of evidence
- Clear and compelling evidence
It is essential to understand each of these well to know how they could help you prove your case to obtain the compensation you deserve after suffering a personal injury. Your personal injury attorney will help you meet the burden of proof needed to win your case.
A Preponderance of the Evidence
It is the most common burden of proof in personal injury claims. A preponderance of the evidence means you have better and more convincing evidence than the at-fault party. Remember that the defendant will have their time in court to counter your allegations. Therefore, you must be sure to have more solid evidence to win.
However, having better and more convincing evidence does not technically mean you have more evidence to present in court. It means that the evidence you have, however slight, is enough to demonstrate that the defendant was negligent in causing the accident that resulted in your damages.
When compared to criminal cases, civil cases require less burden of proof. Thus, the plaintiff does not need to provide more evidence to win. The prosecutor must prove that the responsible party is guilty beyond a reasonable doubt in a criminal case. But in a civil case, the plaintiff only requires enough evidence to support their allegations against the alleged liable party. You only need enough evidence to demonstrate a 50% possibility that the alleged party was negligent enough to cause the accident you incurred your injuries.
That is why this burden is also referred to as the ‘more probable than not’ proof. Your attorney should only submit evidence and a compelling argument that the judge will consider 51% true at the minimum. Remember that the judge only relies on the evidence presented in court to give a verdict. Therefore, if the judge believes your side of the story or thinks your version is probably accurate, you will win the case.
Once you present your evidence in court with a compelling theory of how the defendant was negligent in causing the accident, the judge will give the defendant a chance to counter your allegations. The defendant, too, has a responsibility to demonstrate that they did not act negligently and is not responsible for the resulting damages. The defendant will also come prepared, with enough evidence to prove that they did not commit the act that caused your injuries. Each party in a civil case is allowed to present their case. The basis of the judge’s decision is on the two accounts.
You can use diverse evidence to support your claims in a civil court. The most common evidence used in these cases is:
- Accident reports by the police
- Police statements
- Eyewitness accounts
- Expert testimonies
- Pictures of damaged properties and repair estimates
- Videos and pictures from the accident scene
- Medical records, doctor’s reports, and medical bills
It is necessary to prepare and file all evidence you gather while preparing your case. There is usually no way to tell which proof will be sufficient to meet the burden required in your case. From the start, it is impossible to know how much significance evidence carries and whether it will be adequate to win the case. Every proof you gather is essential and should not be taken lightly.
Therefore, if you have to use photos and videos from the accident scene, do not pick just a few and discard the rest. The judge will make his/her own decision based on how substantial the evidence you have presented is. Present all evidence and allow the judge to give a fair verdict.
Clear and Compelling Evidence
Sometimes all that is necessary in a civil case is proof of an element with clear and compelling evidence. For example, in cases where the defendant acted with gross negligence, the court will need clear and persuasive evidence of gross negligence to award punitive damages.
Clear and compelling evidence has more significant standards than a preponderance of the evidence, though it doesn't attain the standards of ‘beyond reasonable doubts.’ It means that you will require more substantial evidence to convince the jury that the defendant was negligent or acted with gross negligence. In that case, you have to find a higher probability than ‘more probable than not. Instead of attaining the 51% probability mark, you must get closer or achieve a 100% mark.
This is the burden of proof required by civil court judges to award punitive damages. If the judge only awards monetary and non-monetary damages, a preponderance of the evidence will be sufficient to prove the case.
Civil court judges award punitive damages in cases where the defendant acted with gross negligence, malice, fraud, or oppression. After studying the details of your case, the judge will know whether or not to award punitive damages based on the severity of the defendant’s actions. Punitive damages are awarded to punish the liable party for their gross negligence to act better tomorrow.
If the judge decides to award punitive damages in your case, you will be required to demonstrate to the judge through convincing and clear proof that you qualify for punitive damages. It means that your attorney must show that the responsible party acted with oppression, malice, fraud, or gross negligence in causing the accident in which you were injured.
Punitive damages are generally more than compensatory damages. Thus, they require a more significant burden of proof than other damages. California civil courts want to ensure that the most negligent parties receive harsher penalties.
Proving Fault — Your Burden of Proof
As previously mentioned, the plaintiff has the burden of proof in a car accident lawsuit. Thus, you will be expected to prove in court that the defendant was liable for your damages at the start of your suit. But, this does not mean that you give a complete account of how the accident happened and the defendant's behavior on the road. You only provide the necessary details, also known as prima facie claim. Your account should leave the court without doubt about your valid reason to believe that the defendant is responsible for your injuries.
Here are the facts of the case you must prove about the responsible party:
- That they owed a duty of care to you and others in your situation to protect you from harm
- But, they acted wrongly or negligently or did not act like a rational or reasonable person would act in that particular situation
- By acting wrongly or negligently, they breached that duty of care
- Their breaching of this duty through wrongful acts or inaction caused the accident in which you incurred your damages
An experienced personal injury attorney will successfully present your case before the court to convince the judge of the defendant's direct contribution to your damages. Additionally, your attorney will demonstrate the damages you incurred due to the defendant’s negligence. The most common compensatory damages in car accident claims include:
- Monetary damages like medical bills, lost wages, lost earning ability, and property damage
- Non-monetary damages like suffering and pain, reduced life quality, and lack of consortium
Shifting The Burden of Proof
Personal injury lawsuits do not have a specific way to solve them. Thus, the judge allows the complainant and the defendant to present their cases depending on their evidence. It is crucial to know how to shift this burden in your case. It means that you can switch it to the responsible party, and their lawyer can switch it back to you until the court can make a conclusive verdict.
When you shift the burden of proof, the defendant will be expected to provide solid evidence to counter your allegations or support their side of the story. If the defendant does not have compelling evidence to do that, they can shift the burden back to you. If you shift the burden to the defendant and cannot switch it back to you, the judge will review the entire case through your lawyer. If the jury is convinced that you presented solid evidence, you will probably win the case.
How To Know Which Burden of Proof To Meet
Knowing what burden of proof you must meet to win your case is necessary. That is possible when working with an experienced personal injury attorney. It is only through thorough legal research that one can know the standards of proof that will apply to their personal injury lawsuit. A deep look into your case will reveal its nature and complexity. Your attorney will advise you on the type of evidence you will need to win.
In some instances, a plaintiff will require more than one claim to recover their damages in a personal injury case. Each claim will be different in the proof needed to win.
Thus, it is advisable to hire a personal injury attorney from the beginning of the process. Your attorney will provide quality legal advice, guidance, and assistance to meet the burden of proof required to win your case.
Type of Evidence Needed
The type and nature of the evidence you have will determine the success of your personal injury lawsuit. Evidence will help you meet the burden of proof required to win.
Unfortunately, it is impossible to know how much evidence the judge will require to rule the case in your favor. That is why you need a competent attorney because they will not take anything for granted.
Experienced personal injury attorneys know that they must obtain favorable evidence to improve their chances of meeting their client’s burden of proof. Thus, any evidence available to you is crucial as it could help you win the lawsuit.
An experienced attorney will take time to gather and prepare evidence before filing a lawsuit in a civil court. They must ensure that evidence gathered serves a purpose in your case. If not, your attorney will discard it. An experienced attorney will only go for evidence to help build your case.
Thus, you must start gathering evidence immediately after the accident. It is possible to obtain legitimate evidence before the accident scene is tampered with. You can begin by taking pictures and videos of the accident immediately after being injured. If you cannot do that, ask someone to take photos for you. That evidence will provide compelling details about the accident that could support your claim.
Identify and question independent witnesses. These are individuals that saw when and how you were injured. Their statements are critical. They will give the jury a picture of exactly how the accident occurred and how you incurred your damages. Statements like these are essential to your claim’s success.
The police will come to the accident scene. The police conduct initial investigations into the accident and write a report for the jury. The police report is evidence you should consider using to help build a solid case. You can request a copy of that report to use alongside your other evidence.
Request a copy of your medical records and bills too. The doctor must have indicated the nature and extent of your injuries. Ensure that the documents have dates that match the accident date.
How To Convince the Jury
Your attorney must be well prepared to convince the jury to win your case. The work of your personal injury attorney goes beyond collecting compelling evidence. They must be ready to persuade the jury using the gathered evidence. Thus, you need a competent attorney that can prepare the proof in an easy-to-understand manner.
An experienced personal injury attorney will know how to present your case in a civil court without sounding complex or boring to the jury. They must capture the attention of everyone in court. Attorneys that are simple and direct when presenting court evidence are more likely than not to win cases.
Find a Competent Los Angeles Car Accident Attorney Near Me
Understanding the burden of proof to meet in your personal injury lawsuit will help you recover the compensation you deserve. You can easily do this with the help of a competent personal injury attorney. An experienced attorney will not leave anything to chance when gathering evidence. If you or your loved one need legal assistance with a personal injury lawsuit in Los Angeles, call us at 424-237-3600. At Los Angeles car Accident Attorney, we have the skills and experience to take you through even the most challenging lawsuit successfully. We will not rest until you obtain a fair outcome of your case.
