What is the Legal Burden of Proof for a Personal Injury Case?

Sep 05,2018

There are many components of a personal injury case that make them different than other types of cases. One such aspect is the burden of proof that must be met to prove a case. In criminal cases, the prosecution has to prove beyond a reasonable doubt that the defendant is guilty of the charges. This is a very high burden of proof.

Personal injury lawsuits are civil cases that have a lower burden of proof. In these cases, the plaintiff must prove their case by a preponderance of the evidence. What this means is that their version of the case is “more likely” true than not true.

To win a personal injury lawsuit, the plaintiff must prove through a preponderance of the evidence that the defendant’s negligence directly caused the plaintiff’s injuries, and that the damages sought are directly related to those injuries.

Why Do You Need a Personal Injury Attorney?

While the burden of proof is lower in civil cases than in criminal cases, winning a personal injury lawsuit still requires a great deal of skill and experience. Insurance companies do not come into court unprepared and willing to pay out damages. Their attorneys are skilled at downplaying injuries and shifting the blame off their clients. An experienced personal injury attorney should be able to help prove your case and combat the tactics of the insurance company.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, El Centro, and Yucca Valley, and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.