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Who bears the burden of proof in personal injury cases?

On Behalf of | Nov 18, 2021 | Personal Injury

There are many ways in which New Jersey residents can suffer an injury. If another person was negligent or reckless and you were injured, you have a legal right to file a claim against them. However, it’s important to know who bears the burden of proof and what it entails.

What is the burden of proof?

The burden of proof applies to personal injury cases in New Jersey and elsewhere. This is because there must be certain evidence presented that proves that the defendant is liable for the plaintiff’s injuries. It helps to show that the claim is valid and that the plaintiff has suffered harm or damages that they have incurred expenses for such as medical bills, lost wages, and other damages.

How does the burden of proof work in personal injury cases?

When a person brings a personal injury case against another party, they bear the burden of proof to back up their claim. If there is no physical evidence or other forms of evidence such as medical records and testimony from expert witnesses like doctors, the case would not be strong and the claim could be considered as nothing more than hearsay. The plaintiff is required to prove that the defendant is at fault for the damages suffered by the plaintiff. This stands whether the plaintiff is filing a claim against the defendant or their insurance company to recover compensation.

One major difference in a personal injury or other civil case compared with criminal cases is that the burden of proof is much lower. The plaintiff only has to prove that the facts surrounding their case are more likely true than false. If it seems that the evidence more likely proves the plaintiff’s case, it constitutes the burden of proof.

Showing definitive evidence of your injury and damages in your case could satisfy the burden of proof. If you filed a personal injury claim against someone who was responsible for the accident that led to your injuries, be diligent about your evidence.

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