Plaintiffs in personal injury cases must meet the burden of proof to win their case. This requires presenting enough evidence to prove to the court that the defendant was at fault. Meeting the burden of proof means that you have satisfied all the legal elements of your case.
Different types of cases have different burdens of proof, and the one that applies to your case can have a significant impact on your ability to recover compensation. Continue reading to learn more about how the burden of proof could impact your personal injury case.
Different Burdens of Proof
There are different standards that apply to different types of cases. Understanding which burden applies to your case can help you determine the strength of the evidence necessary to win your case.
The different burdens of proof are:
Preponderance of the Evidence
A preponderance of the evidence is the burden of proof required in most personal injury cases. This means that your version of the facts is more likely true than not. In terms of percentages, you must have just over 50% of the evidence in your favor to meet this burden.
Looking at it another way, consider the scales of justice. The plaintiff is putting their evidence on one side of the scale, while the defendant is putting their evidence on the other side. To win a case based on a preponderance of the evidence, you must have just enough evidence to tip the scales in your favor.
Clear and Convincing Evidence
Clear and convincing evidence is the next highest burden of proof. This standard requires more than a preponderance of the evidence. If thinking about percentages, clear and convincing evidence might be roughly in the neighborhood of 75% of the evidence in your favor.
Clear and convincing evidence gives the judge or jury a high degree of certainty that your version of the facts is true. In Virginia, punitive damages may only be awarded when clear and convincing evidence is present. A victim must be able to show by clear and convincing evidence that the wrongdoer’s conduct was willful, wanton, or reckless.
Beyond a Reasonable Doubt
Proof beyond a reasonable doubt is the highest burden of proof. This is the burden used in most criminal trials. To meet this burden, there must be no other reasonable explanation other than the facts you have presented.
It is important to note that this standard is not proof beyond “any” doubt. To obtain a criminal conviction, the prosecution bears this burden of proof. It is impossible to quantify proof beyond a reasonable doubt. However, the evidence must leave no other logical explanation or reasonable doubt about the facts that occurred.
Real Life Example of Burdens of Proof
A quick example can be used to show how different burdens of proof can affect your case. Imagine a scenario in which a drunk driver causes a car accident that injures an innocent victim. The prosecution might not have enough evidence to prove their criminal case beyond a reasonable doubt. However, the victim may still win their personal injury claim because they were able to prove fault by a preponderance of the evidence.
How to Prove Negligence in a Personal Injury Case
Most personal injury cases are based on negligence. This means that someone else’s careless behavior caused your injuries. To win your claim, you will need to prove the four elements of negligence.
Duty of Care
You must show that the defendant had a legal duty to uphold a certain standard of behavior. The standard required in most cases is that of a reasonable person. This means that the defendant has a duty to act as a reasonable person would in a similar situation. A duty of care is often established by law, moral, or custom.
Breach of Duty
You will also need to show that the defendant failed to uphold the accepted standard of care. This could occur through either action or inaction.
For instance, a driver who is texting while driving has breached their duty of care. Likewise, a property owner who failed to repair known dangers on the property has likely breached their duty.
Causation
Next, you must be able to show that your injuries were a direct consequence of the defendant’s behavior. Without this link, you cannot hold the defendant responsible for your injuries.
Some common methods of proving causation include:
- Expert witnesses
- Your own testimony
- Eyewitness testimony
- Medical records
- Photos
- Video footage
Causation means that you would not have been injured “but for” the conduct of the defendant.
Damages
Finally, you must be able to prove the damages you suffered.
Damages may come in the form of:
- Medical bills
- Lost wages
- Property damage
- Out-of-pocket expenses
- Pain and suffering
- Diminished quality of life
Injured victims are entitled to recover both economic damages and non-economic damages in Virginia personal injury cases.
Contact the Manassas Personal Injury Lawyers at The Parrish Car Accident & Personal Injury Law Firm for Help Today
If you have been hurt in an accident in Virginia, you must meet the burden of proof to get compensation for your injuries. The team at The Parrish Car Accident & Personal Injury Law Firm can help you determine which burden applies to your case. We will also help you gather evidence to meet the burden of proof and win your claim.
Contact us or call (571) 229-1800 today to schedule your free consultation with a Manassas personal injury attorney and get started.
