Home Personal InjuryWhat Does “Burden of Proof” Mean in a Personal Injury Case?

What Does “Burden of Proof” Mean in a Personal Injury Case?

Nov 19, 2020

Whenever a plaintiff brings forth a legal action, it is up to them (and their legal representation) to prove their case in court. While the specific terminology differs between civil and criminal cases, this principle is generally known as the “burden of proof.” Learn more about the burden of proof and why it’s important to have an experienced personal injury attorney on your side in any proceeding.

Proving the Plaintiff’s Case

When you get injured and you want to sue the person who caused your injury, you become the plaintiff and the other person becomes the defendant. As the plaintiff, you and your attorney must prove that the defendant was negligent in order to win the case.

In criminal cases, the burden of proving the defendant’s guilt is on the prosecuting attorney (also known as the prosecutor), and they must establish the defendant’s guilt “beyond a reasonable doubt.” This means that there is no reason for the jurors in the case to doubt the defendant’s guilt.

In civil cases, on the other hand, the prosecution must establish the defendant’s negligence “by a preponderance of the evidence.” This is a different standard that requires a different amount of proof. Typically, a “preponderance of the evidence” requires the plaintiff to demonstrate that there is a greater than 50% chance that the claim of the defendant’s negligence is true.

It is the job of a personal injury attorney to investigate your claim, gather all of the appropriate evidence, and present your case to the court and jury. An experienced personal injury attorney will prepare your case and walk you through the entire process to ensure that the case is handled appropriately.

At Richard Schwartz & Associates Injury Lawyer, P.A., we have helped countless injury victims across Mississippi recover the compensation they deserve. We’re here to make the legal process easier for you while you focus on recovering from your injuries.

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