When you’ve decided to take legal action against someone who you believe is at fault for your injuries, simply making accusations will not get you anywhere. As the person initiating proceedings, the responsibility to present compelling evidence that connects the facts to the law falls onto you—the burden of proof. In this post, the team at the Law Office of Eli Schmulik will be stepping into the shoes of an experienced auto accident lawyer in New York and will be breaking down the burden of proof, the standard of proof, and how it can influence your case.
What is the burden of proof?
In law, the burden of proof is the obligation placed upon the party that initiates legal proceedings to demonstrate the truthfulness of a particular fact or allegation to the satisfaction of the court. Simply put, when a case is taken up in court, there will be conflicting versions of the facts. If you are the plaintiff, you have the burden to convince the court of the truthfulness and credibility of your version of the story.
What is the standard of proof?
When presenting the facts, the court expects it to conform to a predefined standard. In personal injury cases, this standard is the preponderance of evidence. Commonly referred to as “the more likely than not” standard, you only need to show that your version of events has a greater chance of being accurate when compared against the defendant’s version of events. From a percentage point of view, so long as your version is 51% more believable, you have satisfied the standard of proof. In common law jurisdictions such as the UK, this standard goes by the name of the “balance of probabilities.”
How does a plaintiff meet the burden of proof in New York personal injury cases?
As we have mentioned above, in personal injury cases, it is the plaintiff who has the burden of proof, and how the plaintiff must go about satisfying this burden can be broken down into two parts—production of evidence and persuasion.
The plaintiff’s ability to present strong, compelling evidence is ultimately what will shift the scales in your favor. The preponderance of evidence standard is highly unlikely to be satisfied if it becomes a situation of your word against his. Therefore, having evidence such as medical reports, police reports, CCTV footage, expert testimony, and witnesses is crucial in making your version of the facts the more believable version.
With all the evidence that you’ve gathered, you need to persuade the court that you have the grounds to bring a personal injury lawsuit against the defendant. You must clearly demonstrate that
- There exists a duty of care.
- The defendant is in violation of the duty of care.
- The defendant’s violation was the cause of the accident; and
- You suffered damages as a result of the accident.
Does the burden of proof shift to the defendant?
During the initial stages the defendant is not required to prove their innocence. However, the burden can shift to the defendant in NY personal injury cases. This occurs once the plaintiff has established the elements of their case; at this point, if the defendant chooses to present an affirmative defense, they have the burden of proving the affirmative defense. They too will be subject to the same standard of proof.
What happens when the burden of proof is not satisfied?
If you cannot successfully meet the burden of proof, it is highly likely that you will lose the case. Therefore, you will need to consider exploring other legal options. As such, before taking any action, make sure to contact an experienced personal injury lawyer and lay out all the facts. Based on your telling, the lawyer can advise you on the most likely outcome of your case and the best course of action in light of the current situation.
Conclusion
In an auto accident case or any other personal injury matter, the ability to successfully obtain compensation hinges on the ability to present facts in a manner that satisfies the burden and standard of proof. The process of gathering evidence and presenting it to the court in a persuasive manner cannot be done properly without the help of a skilled and experienced auto accident attorney in New York. At the Law Office of Eli Schmulik, we understand what it takes to build a compelling case, and we are ready to help you do the same. Schedule a free consultation with us, tell your story, and let us help you take the next step forward.