If you have suffered an injury due to the negligence of another party, you must meet the burden of proof to receive a payment. The defendant will try as hard as possible to avoid being deemed culpable, but skilled Tucson personal injury lawyers can help you win your case. At Lerner and Rowe Injury Attorneys, we know that personal injury cases all come down to whether or not you and your attorney can prove that the other party’s negligence led to your injuries. This means compiling evidence and testimony to show that the accident occurred through absolutely no fault of your own.

By a Preponderance of Evidence

Personal injury cases occur in civil court. The threshold for burden of proof is that a judge or jury must be convinced by a preponderance of evidence. Basically, they must find that it is more likely than not that your side of the case is correct.

This is not the same as the standard of proving your case beyond a reasonable doubt, as criminal cases require. For civil cases, the burden of proof dictates that you must prove at least a 51% chance that your version of the occurrence is truthful and accurate. A skilled personal injury attorney has a better chance at winning over the judge and jury.

Proving Negligence

Most personal injury cases revolve around the defendant’s negligence. Your personal injury attorney will take a few angles towards proving this negligence and ultimately winning you a settlement.

• Your attorney must prove that the defendant had a duty of care. It should have compelled them to take a level of responsibility for the well-being of the plaintiff.
• You and your attorney will insist that the defendant failed to live up to this duty.
• Our case will state that the defendant’s failure to fulfill their responsibility led to the accident or injury.
• The case hinges on our ability to show how a settlement or payment for damages can compensate the plaintiff.

Burden of Truth and the Defendant

The defendant and their attorney generally do not need to prove anything to the judge and the jury. All they have to do is create the impression that your case is 50% or less likely to be well founded. For this reason, a defense attorney will set out to poke holes in your case. They will cast doubt about your truthfulness and the validity of your claims. Your personal injury attorney is there to prevent this from happening.

By compiling evidence, finding the right testimony, and asking compelling questions, your personal injury attorney will build up your case. By making a strong argument on your behalf, you can prevent the defense from eroding your body of evidence.

When the Burden of Proof Falls on the Defendant

One exception to this is when the defendant attempts to use an affirmative defense. In these cases, the defense team will lay out a case that overwhelms your claim, even if a judge deems your claim more likely than not to be true. This is one time when a defense must carry the burden of proof, and your personal injury attorney will try to prevent them from reaching a preponderance of evidence.

One example of an affirmative defense is the attempt to prove that the plaintiff willingly agreed to an assumption of risk. That is, the defense will claim that you agreed to participate in a task with the full knowledge that injuries may occur as a normal part of participation. If the defendant supplies a preponderance of evidence that you understood the likelihood of your injury, you are not likely to receive a settlement.

Choosing the Best Personal Injury Attorney

It is crucial to understand the general idea of how personal injury cases unfold, but there are complex nuances when it comes to proving negligence and liability. Hiring a personal injury attorney who can help you navigate these complexities is an important step towards receiving your payment.

An ideal attorney, such as those as Lerner and Rowe, will have plenty of experience and past victories. They will also keep the lines of communication with you open to let you know how the case is going. To make the first step towards receiving compensation after your accident, reach out to a our Tucson personal injury attorneys for a free consultation.

When you do contact us we make it a priority to carefully review the details of your injury and to help determine fault. Call us today at (520) 977-1900, or submit a free case review form from the web site. You can also contact us through our convenient online LiveChat feature 24/7.