We’ve all seen those commercials where someone sues their neighbor for tripping over a rake in their yard. But what happens when it’s not just an accident that caused your injuries but a person’s negligence?
In this case, you have to prove that another individual or organization was at fault for your accident and that the defendant’s actions caused your injuries. This can be tricky because the burden of proof in a catastrophic injury case depends on several factors: the type of case, who’s being sued and what damages are being sought from them (if any).
In this article, we take a look at the burden of proof and what it means in catastrophic injury cases. Stay with us to learn more about the concepts.
What is Burden of Proof?
The burden of proof in civil cases is a legal concept that determines who must prove their case and how. In criminal cases, for example, it’s up to the prosecution to prove beyond a reasonable doubt that the defendant committed the crime.
But in civil lawsuits (like those involving catastrophic injuries), the burden of proof is on you–the plaintiff–to show that you were injured by someone else’s negligence or wrongdoing.
If your case involves proving causation (how an injury happened), then you’ll need to prove it by a preponderance of evidence–that is, more likely than not based on what we know so far about this type of injury and how it occurs under similar circumstances.
Plaintiff’s Role
In a catastrophic injury case, the plaintiff must prove that someone else was at fault and that the defendant’s negligence caused the accident. The plaintiff must also prove all facts necessary to show their case against the defendant. For example:
- If you’re arguing that another driver caused your injuries, then you need evidence showing how they were negligent–such as eyewitness testimony or police reports–and what exactly they did wrong (e.g., speeding).
- If your child was injured because of unsafe playground equipment at school, then you’ll need expert testimony explaining why it wasn’t safe enough for kids to play on it.
The burden of proof is the responsibility of the plaintiff to prove all facts necessary to show their case against the defendant. In other words, it’s up to you and your attorney to prove that someone else was at fault and that their negligence caused your injuries.
A traumatic brain injury can be difficult for anyone to understand; therefore, it’s important for you and your attorney to understand how courts determine whether a person has suffered one in order for compensation or damages to be awarded.
There are three main types of evidence used during trials: direct evidence (eyewitness accounts), circumstantial evidence (things like medical records), and expert testimony.
An Attorney Can Prove Your Innocence
If you engage an attorney early on in the process, he or she will be able to take steps toward proving your innocence, which might save you from having to go before a judge or jury. For example:
- Lawyers can help you gather evidence. If there is any evidence that supports your claim of innocence, such as witnesses or experts who can testify on behalf of your case, lawyers will find those people for you and bring them into court.
- Lawyers can help find witnesses for your case. Witnesses are people who saw what happened but weren’t involved themselves; they may have seen someone else commit an act of negligence (like leaving their child unattended) that led up to whatever injury occurred–and they may also be able to give testimony regarding how serious those injuries were afterward!
- Attorneys can also help locate experts who could provide helpful information about how accidents happen, so we don’t have another situation like this again in the future! This way, everyone benefits. Not only do we avoid losing money due to frivolous lawsuits filed against businesses large enough not only survive but thrive despite lawsuits like these costing them hundreds upon hundreds per day just defending themselves against false accusations made by people looking for easy cash off others’ misfortune.
Understanding the Importance of Proof
In a catastrophic injury case, it’s important to understand what proof you need and how much weight that proof carries. For example:
The burden of proof varies by case. In some instances, the plaintiff must prove that someone else was at fault and that their negligence caused the accident. In other situations (like those involving medical malpractice cases) the defendant may be required only to show that they did everything reasonably possible under the circumstances.
Who is being sued? If someone has been hurt in an accident caused by another party (or parties), then those parties are responsible for paying damages incurred by your client.
Conclusion
The burden of proof in a catastrophic injury case can be tricky because it depends on the type of case, who’s being sued and what the plaintiffs are claiming damages for. In general, the plaintiff must prove that someone else was at fault and that their negligence caused an accident that resulted in serious injuries or death for someone else.
It’s up to the plaintiff to prove all facts necessary to show their case against the defendant; if they don’t have enough evidence, then their allegations might not stand up in court. If you engage an attorney early on in this process, he or she will be able to take steps toward proving your innocence which could save time and money spent going through trial proceedings.
The Bourassa Law Group has extensive experience in dealing with catastrophic accidents in Nevada. Don’t wait—seek legal help today! So, call us at (800)870-8910 for a free consultation to learn about our legal services, and let us help you get the compensation you deserve.
1-800-870-8910