If someone is charged with a crime, the burden of proof that is placed on the prosecutor is to establish that the accused is “guilty beyond a reasonable doubt”. That is a pretty steep demand, calling for a great deal of evidence.
In a personal injury claim, however, the burden of proof is that “more likely than not”, or the more clunky phrase “by a preponderance of the evidence”, your claim is accurate and the defendant is at fault for your injuries.
This usually means that you have the burden of proof to establish that more likely than not the defendant was negligent. You or your Raleigh injury lawyer need enough proof to show that the defendant owed you a duty of care that they did not keep, that you were injured, and that the defendant’s failure caused your injury.
How to Prove Negligence
In a little bit more detail, here is what it takes to establish negligence, whether you’re looking at a claim for a motorcycle crash, slip and fall accident, or a dangerous defective product, etc.:
- Duty of Care: In a car accident, for example, the other driver clearly has the duty of care to all other motorists to drive safely, using reasonable caution. A store owes a duty to its customers to keep the place reasonably safe. But what exactly is “reasonable” when it comes to a duty of care? That could be a major issue in your case.
- Breach of Duty: You would next have to show that this duty was violated. For example, this could mean proving that the other driver ran through a red light. Witness testimony and photographic evidence could be crucial.
- Causation: It is not enough to show that a duty existed and was breached. You also have to establish that this negligence is the source of your injuries. If a speeding driver ran over a pedestrian’s foot, causing multiple fractures, then clearly, the driver’s breach of duty caused the injuries. But what if a rear-end accident was followed by back pain in a plaintiff who already had chronic back pain issues? The defendant could simply argue that you had a pre-existing condition, and that they are not at fault for your medical problems.
- Damages and Injuries: Not only does it need to be proven that you have sustained injuries (which can be tricky with injuries such as soft tissue damage), but you need to show exactly how much you were injured. You need plenty of medical records, and the testimony of medical professionals is invaluable. Financial records can establish how much has been lost in wages due to missed time at work. You can personally testify about pain and suffering and the loss of enjoyment that resulted from the accident.
For a free legal consultation, call (800)785-5000
Importance of An Attorney
A personal injury claim is filled with highly technical legal issues, one for which it would be best to have the assistance of an experienced attorney. If you are looking for the right personal injury lawyer in Raleigh, look no further than the Whitley Law Firm. Here, our legal advocates have more than 38 years of experience fighting for the rights of the injured. You can get started on your case by filling out a free evaluation online.
Be sure to ask for your free consultation with a Raleigh personal injury lawyer to understand what your legal rights are, and how you can go about getting the compensation you need and deserve. Learn how our dedication and skill can help you to a stronger future after an accident when you call us today!
Call (800)785-5000 or complete a Free Case Evaluation form
