Why Burden of Proof Is Important in Personal Injury Cases

Burden of proof
The burden of proof is the guiding point of discussion within the courtroom.

From a legal standpoint, the burden of proof is the guiding point of discussion within the courtroom. It forces all party members to provide standing and supporting evidence that proves their claim. Evidence normally includes witness testimonies, documents such as photos, written work, printouts of text messages, and objects.

The burden of proof is normally assigned to the plaintiff – the party making a claim – but during a trial, the judge determines who has the burden of proof to varying parties. All claims made by each party can be questioned or countered by the opposing party to determine the truth of the claims. At the end of the trial, the judge and the jury decide whether that burden has been supported by all parties and come to a verdict.

Primary Standards of Proof in Law

There are three standards of the burden of proof that follow what the law world calls a standard of proof. A standard of proof is the level of evidence that is required to satisfy the burden of proof. The most common standards of proof are:

  • Beyond a reasonable doubt where the burdened party “must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.” The standard of this type is that there is no question that the defendant is 100% guilty.
  • Clear and convincing evidence is less concrete than beyond a reasonable doubt. The evidence must prove that the evidence is highly likely to be true than not true.
  • Preponderance of the evidence is typically used in a civil trial and the burden of proof “is met when the party with the burden convinced the factfinder that there is a greater than 50% chance that the claim is true”

There are other standards of proof that can be used on a case-by-case basis including reasonable belief, reasonable suspicion, some evidence, substantial evidence, reasonable indications, and probable cause. These create different levels of certainty where beyond a reasonable doubt is greater than 99% and substantial evidence could be in the 60% range of certainty. It may point in a certain direction, but it is not proven.

Types of Burden of Proof

The two types of burden of proof in law are called the burden of production and the burden of persuasion.

  • The burden of production is the “party’s obligation to come forward with sufficient evidence to support a particular proposition of fact.” The burden of production is not about convincing the judge and the jury that the proposition is true, but that there is existing evidence that the proposition is true.
  • The burden of persuasion is the “obligation of a party to introduce evidence that persuades the factfinder, to requisite degree of belief, that a particular proposition of fact is true.” The burden of production’s focus is to view the facts and evidence and how it supports or debunks a proposition of fact.

Contact us

The party that has the burden of proof varies from each case. Every state has different rules and requirements in court. Contact us to discuss the importance of the burden of proof and how we can help you in meeting the requirements by the court.

Call us today at (702) 800-6000 for a free consultation. We’re available 24/7.

A Visit To Las Vegas Should Not Include A Spinal Cord Injury

Perhaps you and your spouse had just arrived in Las Vegas and were looking forward to a long weekend getaway.

Unfortunately, the car in front of you stopped abruptly, and the car behind you was going too fast to stop. Your car became sandwiched between the two in the resulting collision. Now, you face an uncertain future with a spinal cord injury.

Understanding SCI

The spinal cord passes impulses from your brain to other parts of your body. A spinal cord injury, or SCI, is usually the result of a traumatic blow to the spine that either dislocates or fractures vertebrae. The spinal cord is very sensitive to injury and, unfortunately, cannot repair itself if damaged.

Looking at symptoms

There are two types of SCI: complete and incomplete. A complete spinal cord injury means that you lose all feeling below the site of the injury, and there may also be involuntary movement. With an incomplete SCI, some function is still possible below the injury site. Some symptoms are obvious, such as loss of mobility or the inability to feel heat or touch. Others, such as difficulty breathing, digestive problems or lack of bladder control, could also indicate other medical issues. Imaging tests will confirm the diagnosis. At this time, doctors cannot reverse spinal cord damage. However, treatment that includes rehabilitation, prosthetic devices and medication can help patients return to a lifestyle that is as active as possible.

Finding fault

A thorough investigation will help establish the cause of the crash and who was responsible for your injuries. Keep in mind that Nevada law includes the modified comparative fault doctrine. This means that even if you carry some blame for the collision, you will still qualify for compensation, although the settlement may receive a reduction by the percentage of fault the court assigns to you. A fair settlement will help you focus on the treatment your doctors have prescribed for an injury that you never anticipated when you and your spouse made plans for a Las Vegas getaway.

Undocumented Immigrants & Personal Injury

Q: Can an undocumented immigrant recover personal injury compensation in Nevada?

A: Generally yes. But as you can imagine, all sorts of interesting issues arise in this context. For example, injury settlements typically include future medical expense and future wage loss components. These damages can be greatly mitigated upon a showing that the claimant is an undocumented immigrant.

What Happens If My Airbag Didn’t Deploy?

Q: I was involved in a car accident and my airbag did not deploy. May I sue the manufacturer?

A: Airbag cases are complicated. You must prove not only that the circumstances were such that the airbag should have deployed, but also that you sustained injuries that you would not otherwise have incurred but for the airbag’s failure. Needless to say there are substantial expenses involved in establishing the foregoing. For this reason airbag claims are generally pursued as a last resort, particularly if another driver with sufficient auto liability coverage was at fault for the crash.

Due to the limited nature of this article I cannot thoroughly evaluate and answer the question presented. Please give my office a call (702-800-6000) for a proper consultation, free of charge.

Tell your friends!

© Dimopoulos Injury Law. All rights reserved.

Ethics Disclosures: Past results do not guarantee future outcomes. You may have to pay the other side’s attorney’s fees and costs in the event of a loss. Our mission is to provide you with the highest settlement possible in the shortest time possible. We recover more than two million dollars per month on behalf of our clients. Super Bowl is a registered trademark of the National Football League (NFL).  Dimopoulos Law is not affiliated, associated, authorized, endorsed by, or in any way officially connected with the NFL.702-605-7207