When you file a personal injury case, you must prove that you were injured, but more importantly, you must prove one thing: that someone else is responsible for that injury. That job is referred to as the “burden of proof,” and this is an important aspect of a case that you must have a grasp of before starting case proceedings. A personal injury attorney in Utah has the experience and understanding to know what evidence is most important in a case and how best to present it.
What does “Burden of Proof” Mean?
The burden of proof means that a plaintiff is required to present legal evidence to support their claim. A personal injury court will not accept your word. You are required to present your legal evidence in a manner that is organized and compelling.
There are two components to this burden:
- Burden of Production: Evidence supporting a claim is provided in sufficient quantity.
- Burden of Persuasion: Your claimed evidence is evaluated, and the judge or jury determines if your evidence is more credible.
The plaintiff carries the burden for both of these. An experienced Salt Lake City personal injury attorney can help the plaintiff carry this burden strategically.
The Standard That Applies: Preponderance of the Evidence
Because this is not a criminal case, the standard is not “beyond a reasonable doubt.” The preponderance-of-the-evidence standard is met in civil personal injury litigation.
In simpler terms, it means your account should be more likely to be true than not – it should be greater than 50% likely. The tipping of the scales is all that is required. It is important to understand that meeting this requirement is more than just having a good story. It is also about providing evidence.
The Four Steps You Need to Prove
The majority of personal injury cases revolve around the idea of negligence. To be successful, you must prove the following four factors:
- Duty of Care – It is important to understand that a person’s responsibility is restrained to a certain level of care. For example, a person behind the wheel has a responsibility to show care to everyone else on the road. A property owner is also responsible for exercising care for everyone who is on the premises.
- Breach of Duty – The defendant has not met their restraint of care. An instance of this can be disregarding a known hazard or disobeying a traffic control device.
- Causation – It has been proven that a breach of duty has resulted in an injury. Merely proving that someone was negligent is not sufficient; you must prove that their negligence caused your injury.
- Damages – Your injury has resulted in some sort of measurable loss. This can include medical care and the loss of income, as well as mental and physical distress.
Failing to prove any one of these works results in an unsuccessful claim. A personal injury attorney serving Salt Lake City has the expertise to fill the gaps that the defense is likely to exploit before they have the opportunity to do so.
Evidence That Helps You Meet the Standard
Using the right evidence can make the difference between winning and losing a case. Types of evidence that Salt Lake City personal injury attorneys use include:
- Evidence of injuries and the cost of treatment, which may include medical records and invoices.
- Police reports and other official reports pertaining to the incident.
- Photos or videos of the accident
- Witness testimonials.
- Expert testimony based on the reports of a medical practitioner or accident reconstruction specialist.
Don’t wait, as evidence may be destroyed or may become unavailable. Also, witnesses may forget, and videos may be erased. A Salt Lake City personal injury attorney should be contacted as soon as possible in order to preserve the evidence.
Why People Lose Cases That They Should Win
Many people who deserve money for their injuries lose their cases for several avoidable reasons. Some fail to seek adequate medical treatment and/or obtain formal documentation for their injuries, losses, and expenses. Others miss filing deadlines. Many do not realize how tough insurance companies are in limiting their payouts.
Having a Salt Lake City personal injury attorney from day one avoids these issues. Your attorney can preserve your legal rights and gather the evidence you need before the opposition crosses any lines.
The Bottom Line
The burden of proof is the foundation of your argument. You must prove, beyond a reasonable doubt, that your losses were caused by the negligence of the other party, all the while dealing with Utah’s comparative fault rule. If you suffered an injury along the Wasatch Front, it costs you nothing to consult a personal injury lawyer in Salt Lake City. Most personal injury lawyers in Salt Lake City offer free consultations, and if you talk to a personal injury lawyer now, it could be the difference between an unsuccessful claim and a successful one.