For a successful outcome in any personal injury case, the injured party must prove negligence, demonstrating to the court that another party’s carelessness was to blame. As the injured party, the onus is on you to demonstrate that your claim has merit, known as the burden of proof.
Meeting the Burden of Proof
As the plaintiff in a personal injury case, the burden of proof is on you. In other words, you, the injured party, are responsible for proving the facts of your claim. In most cases, the defendant may not have to prove anything at all. The body of evidence you present in court must demonstrate that negligence caused your injuries and that you deserve compensation. And you must prove your case beyond a preponderance of the evidence, meaning that you must show it is more likely than not that the defendant is liable for your injuries.
To demonstrate to the court that another party is legally responsible for your injury, you must prove the elements of negligence. First, you must establish that the defendant had a duty of care, or responsibility, to act in a certain manner. Proving this duty involves showing that a reasonable person under the same circumstances would foresee that an action or a failure to act might cause injury.
Once you have proven that a duty of care existed, you must demonstrate that a breach of this duty occurred. You must show that the defendant did not act as a reasonably prudent person would have, and therefore, did not carry out his or her duty of care. You will also have to prove proximate cause, exhibiting to the court that the other party’s negligence in his or her duty was the direct cause of your personal injury.
Proof of Damages
After you have established the elements of negligence, you must prove damages to the court by providing evidence of the monetary value of your personal injury. This includes already-incurred medical costs and estimated costs for future medical care and accommodations. Proving damages also involves calculating the loss of work time and limitations on employment. Pain and suffering may also be taken into account when establishing the damages of your case. All of your evidence regarding damages must be directly related to the injury you incurred as a result of the defendant’s negligence.
Proving another party’s negligence and responsibility for your injuries is a complicated matter, requiring the services of an experienced attorney. Don’t try to deal with your injuries and damages alone. Contact the Montgomery Dowdle today, and schedule a consultation to discuss your personal injury case.