Why Do Victims Have the Burden of Proof in Personal Injury Cases?
People who suffer injuries due to the negligence of others are eligible to file a personal injury claim and recover compensation for their injuries and damages. However, to recover compensation, the victim must prove negligence on the defendant’s part. Compensation cannot be paid out automatically. In other words, if you file a personal injury claim, the burden of proof is on you as the claimant. You need to provide evidence showing that the defendant acted negligently and caused you to suffer injuries and damages. At first glance, it may seem unfair that you, as the victim, have the burden of proof. However, this concept is rooted in principles of justice. This article explains why victims have the burden of proof in personal injury cases.
Defining Burden of Proof
“Burden of proof” is a crucial legal concept that refers to an individual’s responsibility to provide evidence to support their claims or allegations in a legal case. To meet the burden of proof, a person must meet a minimum standard established by the court. In civil cases, such as personal injury cases, the burden of proof falls on the claimant (the person bringing the lawsuit).
What Is the Standard of Proof in a Personal Injury Case?
“Standard of proof” refers to the degree of persuasion required to establish a particular fact in a legal case. It is the amount of evidence necessary to prove an allegation or claim. In criminal cases, the standard of proof is “beyond a reasonable doubt.” This is the highest standard of proof. However, civil cases have a lower standard of proof. In a personal injury claim, the standard of proof is known as a “preponderance of the evidence.”
So, what does a “preponderance of the evidence” mean? Under the standard “preponderance of the evidence,” the claimant must demonstrate that it is more likely than not (i.e., there is a greater than 50% chance) that their allegations or claims are true.
Why Do Personal Injury Victims Bear the Burden of Proof?
Like other states, Florida places the burden of proof on personal injury victims. The burden of proof is on you, as the victim, since you are the one seeking compensation for your injuries and damages. While many people are injured due to other people’s negligence, some people try to take advantage of innocent people. To protect defendants from potentially being taken advantage of, courts require claimants to prove that their version of events is true. Defendants in personal injury cases are not required to prove their claims are true, but they can attack the evidence presented against them and argue it is not true. This is the same concept that applies in criminal cases, where a criminal defendant is not required to prove their innocence, but they can attack the prosecutor’s evidence. Simply put, while the concept of “presumption of innocence” mainly applies to criminal cases, it also somehow applies to personal injury cases.
Contact Us for Legal Help
Our Orlando personal injury attorneys at The Pendas Law Firm can help you build a strong case and meet your burden of proof. We have extensive experience and a proven history of success. Contact us today to schedule a free consultation.
The Pendas Law Firm also represents clients in the Miami, Fort Lauderdale, Fort Myers, Ocala, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
