The legal term “burden of proof” relates to the standard of evidence that must be presented during any situation or case. There are different types of standards depending on the severity of the situation. For example, the burden of proof in a personal injury case will not be as high as the burden of proof in a murder case. To learn more about what it will take to win your case speak with a Long Island personal injury lawyer today.
What Types Exist?
While there are some lower-level standards such as credible evidence or probable cause, there are generally three standards of proof that the United States justice system expects a plaintiff to meet. Depending on the type of case the plaintiff may be required to meet any one of the following burdens of proof.
- Preponderance of the evidence: This is generally the burden of proof for a civil case and is fulfilled when the prosecution convinces the judge that the situation is more than likely true. If it was on a scale from 0 to 100, the judge would have to be 50% or more convinced that the situation has been accurately portrayed.
- Clear and convincing evidence: In slightly different or occasionally more serious cases, clear and convincing evidence is required to support a claim. It is similar to the preponderance of evidence but is more thorough and calls for a higher level of sureness. This standard is typically used when civil liberties or parental rights are at risk.
- Beyond a reasonable doubt: Perhaps the most notable type of evidence, this burden of proof is used in criminal trials. This is the highest legal standard of truth. The prosecution must prove that there is no other reasonable explanation for the situation other than the evidence that has been presented.
The less serious the situation, the less evidence that is required for a judge or jury to make their decision.
What is the Burden of Proof in a Personal Injury Case?
Personal injury lawsuits or claims are a type of civil case called torts. They occur when someone suffers an injury at the hands of another individual or entity. The burden of proof in a personal injury case is the preponderance of evidence. If the prosecution can compel a judge to believe that the defendant is 50% or more responsible for their accident and injury, they can win their case and be awarded compensation.
Do I Need a Lawyer?
Regardless of the type of case, you should speak with an attorney before beginning legal proceedings. During your personal injury case, it is imperative that you understand your rights as well as what is expected of you.
Your attorney will help you communicate with all necessary parties including insurance companies and judges, gather and present evidence on your behalf, represent your side, and help you navigate the sometimes complex process. Do not hesitate to contact a New York personal injury attorney today.