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What is the Burden of Proof in a Personal Injury Claim?

Any accident that causes you serious injuries can take a substantial toll on your well-being. The timeline for recovery is often unpredictable, and you must explore your legal options before seeking compensation. However, when filing a personal injury claim, you’ll also have to produce enough evidence to prove that someone else was negligent in causing your injuries.


What precisely does the burden of proof entail? Allows our personal injury attorneys in San Diego to explain the meaning of this particular concept and how it applies to personal injury claims:


What’s the Burden of Proof?
This term refers to obtaining enough evidence to convince a jury that you’ve met all the requirements to win your case. When it comes to personal injury claims, your job is to show that your version of events is more likely than not. In legal terms, the plaintiff must prove their case by a “preponderance” of the evidence. The same standard applies to all aspects of the case, including your responsibility to prove someone else’s negligence was responsible for causing your injuries and help to put a value on your personal injury claim.


Your attorney has the task of obtaining enough evidence to satisfy the burden of proof. Once they can accomplish this, liability will fall on the defendant or any parties at fault. Remember, the burden of proof represents a certain threshold of evidence relevant to every personal injury claim.



Who Has to Satisfy the Burden of Proof?
Keep in mind that the responsibility of obtaining evidence doesn’t always fall on the plaintiff/victim. Here’s what you need to know:


  • The Plaintiff’s Perspective – When you’re the one who’s filing a personal injury claim, you’re the plaintiff. The burden of proof will automatically fall on you to prove that your version of what happened is accurate.
  • The Defendant’s Perspective – The defendant doesn’t necessarily have to produce evidence to prove your version is inaccurate. Ultimately, their task is to convince a jury that multiple versions could be true. However, if they decide to raise a specific factual defense in the case, the burden of proof will fall on the defendant.


You should never think it’s impossible to obtain enough evidence to support your claim. When it comes to civil cases, the burden of proof is much different when compared to criminal cases.


How to Prove Your Case
Personal injury claims require you to obtain different types of evidentiary materials. In other words, each element of your claim requires evidence, and your lawyer will gather everything relevant. Keep in mind that you’re also a witness to your injuries, and you can testify about your experience.


Here’s some of the most crucial evidence that you should have when filing a personal injury claim:


  • Photographs and videos from the accident
  • Witness statements
  • Hospital bills and other medical expenses
  • Admissions of guilt from any at-fault parties


Expert witnesses can also provide information on how the injury occurred and can even explain how your injuries directly result from what happened.




Why It’s Important to Work With an Attorney
Hiring a qualified law firm to handle your claim ensures you’ll recover the full compensation for your injuries. The experts here at HHJ Trial Attorneys in San Diego will also ensure that you satisfy the burden of proof. Schedule an appointment with us today, and we can begin reviewing the facts of your case. Our goal is to help you maximize your recovery after suffering serious injuries.

Testimonial from Crystal, Satisfied Personal Injury Client 
We had the best experience with HHJ Attorneys, specifically Adam Hepburn. He was great at communicating and answering any questions we had from the beginning and all the way to the day of court where he went above and beyond to make sure we knew exactly how to proceed after. I would highly recommend this law firm, they really make you feel like you are not just another client and are very personable, knowledgeable and responsive.

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