If you have been seriously injured in an accident due to someone else’s negligence, you may be entitled to seek compensation for your injuries from the at-fault party. However, to recover compensation for your damages, you must meet what is known as the burden of proof. This legal concept refers to how much evidence you need to support your claim. Understanding this legal concept is crucial to determine what you need to win your case. Please continue reading to learn the standard of proof in personal injury cases and why connecting with a determined New York City Personal Injury Lawyer is in your best interest to help guide you through these complex matters.
Who Has the Burden of Proof in a Personal Injury Case?
Firstly, the standard of proof in a criminal case is “beyond a reasonable doubt,” and the burden of proof rests with the state to prove that the defendant committed the alleged crime. In a civil lawsuit, however, the standard of proof is based on a “preponderance of evidence.” It’s important to understand that you are not proving without a doubt that the defendant caused your injury. A preponderance of evidence means that the defendant was more than 50 percent likely to have caused the accident due to their actions. The plaintiff (injured party) has the burden of proof. This means it’s up to them to present evidence convincing the judge or jury that the defendant’s careless or intentional actions caused their injuries and damages.
What Are the Key Elements of Negligence?
In most personal injury cases, the plaintiff must prove that the defendant acted negligently. The concept of negligence is based on whether or not the defendant acted in a manner that a reasonable person would have acted under the same circumstances. Negligence is broken down into the following elements:
- Duty of care: The defendant must have owed a duty of care to the plaintiff and had a responsibility to act in a reasonably safe manner.
- Breach of duty: It’s not enough for the plaintiff to demonstrate that the defendant owed them a duty. It also must be proven that the negligent party breached their duty by failing to exercise reasonable care.
- Cause: A plaintiff must prove that the defendant’s actions were the direct cause of their injuries. Essentially, they must prove the injuries were the consequence of the defendant’s actions and would not have happened otherwise.
- Damages: The plaintiff must show that they suffered economic and non-economic damages due to the accident.
The key elements of negligence may seem simple, but proving them can be challenging, especially when multiple variables are at play. Therefore, it’s in your best interest to enlist the help of an experienced New York City personal injury lawyer.
At the Bronx law firm of James Newman, P.C., we are prepared to guide you through your legal options and fight for the compensation you deserve. If you have been injured due to someone else’s negligence, please don’t hesitate to contact our legal team today to learn how we can assist you.
