Posted on Tuesday, October 8th, 2024 at 9:00 am
Plaintiffs in Utah personal injury cases must meet a specific burden of proof to have a successful lawsuit. This burden of proof is known as preponderance of evidence. But what is a preponderance of the evidence, and how do you achieve it in your personal injury lawsuit?
Understanding the terms used in civil litigation and the evidentiary standards required for a successful case is crucial for recovering the compensation you need and deserve after an injury caused by someone else’s negligence.
What Is a Burden of Proof?
The burden of proof in a legal case is the obligation of one party to prove their allegations. In a criminal trial, the prosecution has the burden of proof and must show that the defendant committed the crime. In a civil trial, the plaintiff has the burden of proof and must show that the defendant caused them harm.
For example, let’s say that you were in a car accident and suffered a broken arm. To recover compensation for your injury, you must demonstrate that the other party caused the accident, that the accident caused your injury, and that you suffered some kind of loss (typically a financial loss) because of your injury.
The fact that you, the plaintiff, have the responsibility to prove your case means that you have the burden of proof. The defendant doesn’t have to prove anything. They aim to undermine your credibility or provide conflicting evidence to make it harder for you to prove your case.
The Evidence Standard in Civil Cases
There are a few different standards of evidence in legal cases. However, the most common one in civil cases, like personal injury lawsuits, is a preponderance of evidence. What “preponderance of the evidence” means is that the evidence presented must lead jurors to believe it’s more likely than not that the defendant caused your injuries.
The jurors don’t need to be 100 percent sure that the defendant was the primary cause of your injuries. They only need to be 51 percent sure. As long as they’re more convinced that the defendant caused your injuries than not, you’ve achieved a preponderance of the evidence. Why is this evidence standard used?
Simply put, civil cases can be very subjective, and there sometimes isn’t enough evidence to be absolutely certain that the defendant’s actions were the primary cause of your injuries. For example, if a driver crashed into you while texting, the jury probably can’t be certain that the texting caused the collision. However, you can still recover compensation.
A preponderance of Evidence vs. Beyond a Reasonable Doubt
Most people are familiar with the concept of proving something in court beyond a reasonable doubt. While that is an evidence standard, it’s not the one used in civil cases. Proving something beyond a reasonable doubt only applies to criminal cases. Prosecutors must prove that an individual committed a crime beyond a reasonable doubt.
But what’s the difference between a preponderance of evidence and beyond a reasonable doubt?
The difference is the threshold the evidence has to surpass. The preponderance of the evidence is a much lower bar to clear than beyond a reasonable doubt. You can think of it as the difference between proving something with 51 percent certainty and 99 percent certainty.
Understanding this distinction is important because if an injured party believes they must prove their case beyond a reasonable doubt, they may not file a lawsuit if they don’t think they have enough evidence. Since you only need a preponderance of evidence, it’s much easier to recover compensation through a personal injury lawsuit than to win a criminal trial.
What Evidence Do I Need for a Successful Personal Injury Case?
Compelling evidence is required to meet the preponderance of evidence standard in a Utah personal injury case. Some common types of evidence used in injury cases include:
- Medical Records – Detailed documentation of your injuries and treatment can establish a link between the accident and your injury.
- Photographs and Videos – Visual evidence of the accident scene, your injuries, and property damage can help demonstrate how the accident occurred and the extent of your harm.
- Witness Testimony – Eyewitness statements can reinforce your version of events regarding the incident.
- Expert Testimony – Medical professionals, financial experts, and even crash reconstruction specialists can provide professional opinions that support your claims.
- Financial Documents – Proof of medical bills, lost wages, and other economic losses can help quantify the compensation you’re seeking through the lawsuit.
How an Attorney Can Help You Collect Evidence
Personal injury cases can be complex, and gathering the necessary evidence can be challenging, especially while recovering from an injury. Luckily, an experienced personal injury attorney can assist you with collecting the evidence you need for your case.
Since gathering evidence is a key part of any personal injury case, attorneys have extensive experience in it. They can often obtain evidence that may be hard for the average person to get their hands on. Some of the ways an attorney can assist are:
- Interviewing Witnesses – Following up with witnesses to collect their statements is a vital role a personal injury attorney plays. They may record these statements in writing or via audio or video recording.
- Hiring Subject Matter Experts – Lawyers frequently hire experts to provide opinions about specific parts of a case, from how the accident happened to the injuries sustained to the industry norms the defendant violated.
- Accessing Digital Evidence – Attorneys can often access traffic and security camera footage that may show the incident or the events surrounding the incident that caused your injuries.
Contact a Utah Personal Injury Lawyer
If you suffered an injury caused by someone else’s negligence in Utah, you need the help of an experienced personal injury attorney who can help you achieve a preponderance of evidence in your case.
Call London Harker Injury Law at 77CARCRASH or contact us online to speak with one of our Utah personal injury lawyers. We’ll review your case, explain your legal options, and help you gather the evidence you need to recover the compensation you deserve. Our attorneys have the legal knowledge and proven record of success to help you with your case.
