The Personal Injury Burden Of Proof

The burden of proof is a legal term that refers to what must be proven to win a case. In civil cases, as a personal injury case is, the burden of proof is a preponderance of the evidence. Therefore, evidence is very important in a personal injury case. If you intend to show that you are owed money, the burden is on you and your personal injury attorney. To gain a better understanding of what that means for your auto accident case, read on.

Fault and the Burden of Proof

You must show that the other driver is at fault, or you could be the one paying everyone's bills after an accident. In many cases, the cause of the accident is known. Sometimes, the other driver admits guilt. In many cases, the fault for the accident is decided based on several factors:

• Eyewitnesses who saw the accident happen provide statements.
• The driver or passengers provide statements
• Law enforcement who responds to the accident compile information at the scene and make an accident report. The report contains a summary of what happened.
• Cell phone, traffic, business, or residential cameras are recording.

It's not always that easy to determine guilt, however. Both drivers could insist that the other caused the accident and there are not always witnesses to every accident. When fault is disputed, it adds a lot of complications to the case. Your personal injury lawyer may hire accident reconstruction experts to revisit the scene virtually to determine how the accident happened. Other ways to show the preponderance of evidence include examining tire marks on the pavement, the location of damage to the vehicles, and more.

Accident Damages and the Burden of Proof

In addition to fault, you must also show proof of your damages. Damages, in this case, refer to the many ways the accident has impacted your life and caused you losses. Below are listed some common forms of damage in a car accident case:

• Medical treatment costs
• Lost wages
• Personal property losses
• Pain and suffering

Proving those losses consists of gathering paperwork and documents and providing them to your lawyer. For example, your lawyer will request copies of your medical records from your medical providers to show that you had injuries, that you had the injuries treated, and that your medical bills must be paid. Your personal injury lawyer will assist in gathering what you need for proving your losses.

To find out more about your own burden of proof after an accident, speak to an auto accident attorney.