The burden of proof is the duty a person bringing a lawsuit has to prove that their allegations are true (or likely to be true). For different types of cases, the standards of proof are different as well. For instance, in criminal cases, prosecutors must prove that a defendant is guilty “beyond reasonable doubt”.
In a personal injury case or other civil suit, the burden of proof is much lighter, being only a “preponderance of evidence”. A plaintiff only has to prove that the defendant was likely to have committed the act that led to the injury. Personal injury suits like those handled by The Law Offices Of Mark S. Cooper involve the principle of negligence and to meet the burden of proof these elements must be established:
* That the defendant owed the plaintiff a duty of care
* That the duty was breached
* That the failure caused an injury
* That the plaintiff was injured
The Duty of Care
An injured plaintiff has to prove that a defendant had a responsibility to be cautious as it pertains to their safety. Sometimes the responsibility is obvious; for example, the law requires all motorists to be careful when driving, to ensure that others are kept safe. Stores are required to keep common areas reasonably safe, but the duty isn’t absolute.
Breaching the Duty of Care
Once the duty of reasonable care has been established, an injured party has to prove that the defendant failed to fulfill that duty. In most personal injury cases, this involves proving that the defendant did not act as a reasonable person would have in the same situation.
Establishing Causality
To win a case, a plaintiff and their Accident Lawyer in Moore OK must prove that the injury was caused by the defendant’s conduct. Sometimes causality is easily established, and other times it is not. For example, if a plaintiff has a pre-existing back problem, they may have a hard time proving that a rear-end collision is responsible for their current injury.
Damages
To prevail in a personal injury case, a plaintiff has to prove the extent and the details of their injury. Proof is generally given with medical records, photo evidence and doctor testimony; the amount a plaintiff can receive (damages) should be supported by that evidence. By hiring an Accident Lawyer in Moore OK, can get the recovery to which they are entitled.
