Learn How to Meet the Burden of Proof in a Personal Injury Case

To Meet the Burden Of Proof, the Plaintiff Must Present Solid Evidence That Supports Their Personal injury Claim.

Civil cases and criminal cases have many differences. The burdens of proof are different. We all have heard “innocent until proven guilty”. In criminal cases, “proven guilty” means that the government who is charging the defendant has shown the court evidence that makes the court believe beyond a reasonable doubt that the defendant has committed the crime. There can be no reasonable doubt that the defendant has committed the crime for a conviction to be found.

In a civil case, specifically a personal injury case, the burden of proof lies with the plaintiff who must show the court that by a preponderance of the evidence the defendant’s actions caused the plaintiff’s injuries. This is a much more lenient standard than in a criminal matter because it requires less of the plaintiff in order to persuade the court that the defendant is guilty. Still, the required evidence to meet the burden of proof can include witness testimony, medical records, photographs, police reports, and expert opinions

The Preponderance of Evidence in a Personal Injury Case

If the plaintiff can show that it is more than 50% likelihood that the defendant did what the plaintiff is arguing, than the court will find in favor of the plaintiff.

The Role of the Finder of Fact in Negligence Cases

The finder of fact is charged with determining whether or not the plaintiff has met their obligation of burden of proof. If the plaintiff can persuade the jury or the judge that the defendant acted negligently, and that their behavior has met all of the elements of negligence, by a preponderance of the evidence, the defendant will be found liable.

Collecting Clues and Evidence in a Personal Injury Lawsuit to Meet the Burden of Proof

There are several categories of evidence that can be introduced into court and submitted into the record of a civil matter. Evidence can be introduced as testimonial evidence or by physical evidence, such as business records, videotapes, and the like. Whatever evidence is submitted it must convince the jury or the judge, whoever is deemed the finder of fact, that it is at least more likely that the defendant acted negligently than it is likely that they did not act negligently. More often than not, a plaintiff (with the help of competent counsel) will present medical records, eyewitness testimony, videotapes, expert opinions, police reports, and the like in order to persuade the court of the defendant’s negligence.

Understanding Negligence and Comparative Fault when Determining a Personal Injury Award

Determining the burden of proof of a cause of action is not necessarily what will get you the full reward awarded by the jury or judge. Once the burden of proof is determined, and once it is established that the defendant acted negligently, it will also be determined if the plaintiff is also to blame for the injuries they have suffered. For example, the defendant can be found to have acted negligently but only 80% liable for the plaintiff’s injuries.

If there was fault attributed to the plaintiff or fault attributed to a third party, a number percentage will be assigned and subtracted from 100%. The remaining percentage would be what the defendant is liable for paying to the plaintiff. If the plaintiff is awarded $100, but the defendant was only 80% liable, the defendant would pay the plaintiff $80 to comply with the court’s decision.

Unique Elements of The Burden of Proof in Workplace Injury Cases

Section 34:15-7 of the New Jersey Workers’ Compensation Act states that if employers avail themselves of a workers’ compensation insurance policy, and they accept the provisions of the New Jersey Workers’ Compensation Act, then they cannot be held negligent in a personal injury suit if one of their employees are injured or hurt in a workplace accident. However, if the employee is hurt due to anything other than an accident on the part of the employer, such as intentional harm, then the employer will be held to the same standard as anyone else being sued for negligence, or personal injury. The burden of proof will remain with the employer to prove that they were not negligent and that they were following all standard operating procedures that would be expected of them.

Contact Our Monmouth County Personal Injury Lawyers for Help Navigating the Burden of Proof in NJ

It is of the utmost importance to obtain an attorney who knows what kind of evidence is required and can produce that evidence to the court in a very convincing manner. Without this, the burden of proof will not be met, and the case against the defendant will be dismissed. At Chamlin, Uliano & Walsh, our attorneys are well-educated in the concepts of negligence, evidence, and burdens of proof. We know that not all attorneys are experienced personal injury attorneys, and even fewer are successful in this complex realm of law. In order to ensure the highest probability of success in your claim, contact us to discuss our track record of case victories on behalf of injured victims, as we are skilled in portraying the evidence to ensure the burden of proof being met time and again.

If you have been injured in an accident on the roadways of New Jersey, on someone else’s property, on a sidewalk, or elsewhere in Colts Neck, Middletown, Asbury Park, Wall, Red Bank, Freehold, Holmdel, Howell, Neptune, Rumson, Lavallette, Long Branch, and Monmouth County, NJ, contact our office in West Long Branch to discuss your rights. We can assist you immediately at 732-440-3950 and provide consultations free of charge.