Jul 22, 2014

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Establishing the Burden of Proof

Part of winning a personal injury claim is providing the burden of proof. If you are the plaintiff who was injured in an accident, you are the on tasked with proving the burden of proof in court against the defendant(s) in the case. Basically, burden of proof refers to the responsibility of the plaintiff to prove the allegations that they present in court are true using evidence. In civil cases such as truck accidents or other personal injury claims, plaintiffs should provide that their claims have a “prevalence of evidence” and are generally true, proving that the defendant is in fact liable for the accident.

There are four elements that need to be considered in meeting the burden of proof in a personal injury claim. According to Appleton personal injury lawyers, the duty of care and the breach of this duty of care are first ones to be proved in court for a personal injury claim. The plaintiff should be able to establish the defendant’s duty to act with care and caution in regards to the plaintiff’s wellbeing, and that this duty of care was breach, either through negligence, recklessness, or anything that would demonstrate the fault and liability of the other party.

According to an Oklahoma truck accident lawyers website, another element in the burden of proof is the causation – the plaintiff should establish that the injuries and damages sustained were a result of the defendant’s actions. There are times where the causation is apparent, but there are times where it is hard to establish.

Lastly, you as the plaintiff should prove the extent, as well as the details, of the damages and injuries that you have suffered. Evidence, testimonies, and medical records are among the important factors that could make a personal injury claim. Tangible damages, such as lost wages and physical injuries, can be easy to prove and supported by evidence, but intangible injuries such as pain and suffering may require more evidence and representation. It helps to hire a personal injury lawyer to assist and gather evidence and records to present in court and ensure a winning case.

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