If you have been injured and need to file a personal injury claim in California, you have probably got a lot of questions. We at Law Offices of Fernando D. Vargas are here to take your call at 909-982-0707. Continue reading to get the answers to frequently asked questions concerning who has the burden of proof in certain situations.
What Does “Preponderance of the Evidence” Mean in Law?
In most California personal injury lawsuits, the plaintiff must establish their claims beyond a “preponderance of the evidence.” Essentially, this indicates that the plaintiff’s claim that the harm occurred the way she claims is more likely than not true. In a criminal case, the criteria is that the evidence must be proven beyond a reasonable doubt.
What About “Convincing and Clear Evidence”?
A civil lawsuit may have a greater bar of proof: clear and convincing evidence in rare cases. This necessitates the plaintiff proving the defendant’s guilt by “clear and compelling evidence.” This is a higher threshold than a majority of the evidence, but it is still less than proof beyond a reasonable doubt. Essentially, instead of establishing that something happened more frequently than not, you must show that something happened with a high probability.
Is It Necessary for The Defendant to Prove Anything?
The plaintiff may have what is known as an affirmative defense in some situations. This means they will present a “prima facie” case, putting the burden of proof on the defendant to show that their acts were legitimate. Consider a libel case in which the accused defends himself by claiming that the things he is accused of saying are true, rather than denying that he uttered them. He must then demonstrate his point.
In My Case, Which Burden of Proof Is Required?
Your personal injury lawyer will explain to you how the burden of proof works in your case. It may be necessary to conduct legal study in order to establish the best course of action. It’s possible that you have many claims or legal bases on which to seek damages. Your lawyer is the best person to assess your situation and choose the best course of action.
How Can I Proceed with My Personal Injury Case?
Law Offices of Fernando D. Vargas may be reached at 909-982-0707. We will take the time to learn more about the alternatives accessible to you. We will hear your side of the story, weigh the facts, and present you with your alternatives. All of this might happen during the free legal consultation. If we accept your case, we will do so on a contingency basis, which means there will be no upfront legal expenses. To get started, give us a call right now.
