Accident Attorney : The Burden Of Proof Rests On The Victim
In Texas personal injury civil suits, the burden of proof rests on the victim. This means that it is the responsibility of the plaintiff’s legal representation to prove that the defendant was a cause or contributing factor to the accident that caused the victim to suffer a personal injury resulting in some type of financial loss, like medical bills or lost wages. The standard or proof that must be met in civil court is known as preponderance of evidence, which is different from the standard or proof that is required in a criminal case.
Most people are familiar with the phrase “beyond a reasonable doubt.” This phrase is used when describing the amount of evidence that must be accrued in order to convict a criminal. A plaintiff’s lawyer in a criminal case must be able to prove that the defendant was guilty “beyond a reasonable doubt.” However, the standard of proof in civil cases like personal injury lawsuits is lower. Guilt of an accused party is based on the preponderance of the evidence. Essentially, the preponderance of evidence means that a defendant is more likely guilty of an act than they are innocent, based on the evidence at hand. The type of evidence provided or the amount of evidence gathered is not relevant; however, the way that evidence works to convince a judge or jury of the likely guilt of a defendant in a civil suit is what matters. The preponderance of evidence can be based on a robust set of evidence that provides a broad outline of a defendant’s likely guilt, or it can be based on one single, yet vitally important factor involved in the accident causing injury or death. If a jury or judge believes a defendant’s story is likely false based on the preponderance of the evidence, and the plaintiff’s story is likely true, and the plaintiff likely deserves to be compensated, then a preponderance of the evidence is said to have been met. More information on this website of Carabin Shaw Attorneys at Law
Even though the standard of proof in civil action cases in Texas is less strict than that required in criminal cases, it is still a standard or proof, which means that evidence must be obtained so that a judge or jury can base their decision on a preponderance of the evidence. With 20 years of experience in civil law in Texas and throughout the country, Texas personal injury attorney and his team at our Law Offices can help investigate your accident claim in order to gather relevant evidence and pertinent testimony so that a robust case can be built on your behalf. Should you have reason to seek legal action against a liable party for an injury or loss you’ve sustained as a result of their negligent behavior, consider contacting our Texas accident injury lawyers.