It should come as no surprise that if you file a personal injury lawsuit against someone, you will need to provide evidence of your claim. What you might not know is how much evidence you need to provide or what burden of proof you need to get the compensation you are asking for. Keep reading to get the basics and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
There Are Two Potential Burdens of Proof in a California Personal Injury Case
In almost all cases, a personal injury lawsuit in California will have one of two burdens of proof to meet: preponderance of evidence or clear and convincing evidence. While these might sound the same they are different. Note that the burden of proof in a personal injury case is not going to be “beyond a reasonable doubt” as it would be in a criminal case.
Preponderance of Evidence
Most of the time, a person bringing a personal injury case will be required to prove their case by a “preponderance of the evidence.” This means that they must show that it was more likely that what they say happened than that it did not happen.
For example, if a car accident occurs and the plaintiff and two witnesses tell one story, while the defendant tells another story, the jury might not be 100% sure that the plaintiff and the two witnesses are telling an accurate story but they might find that it is more likely than not that they are.
Clear and Convincing Evidence
Less frequently, a civil case may require a plaintiff to prove to an element known as “clear and convincing” evidence. Generally this is done in cases where punitive damages are sought. In that case, the plaintiff must prove that the defendant was guilty of malice, oppression, or fraud by clear and convincing evidence.
Note that this is a higher burden of proof compared to proving a preponderance of evidence, but is still not as high as showing “beyond a reasonable doubt.” It essentially means that instead of simply proving that the plaintiff’s story is more likely true than not, the jury must believe that there is a high probability that the plaintiff’s story is true.
Determining the Burden of Proof That Applies to Your Case
If you have a personal injury case, your attorney will determine the appropriate burden of proof that applies to your case. You might have more than one legal claim and therefore different standards or proof. To find out more about your legal options, contact Law Offices of Fernando D. Vargas at 909-982-0707 and request a free legal consultation.
