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Personal Injury Civil Court Cases: Applying the Burden of Proof...The burden of proof is different in personal injury civil court cases and in criminal cases. In civil litigation it's not as strict.It isn't just a matter of you or your lawyer understanding your evidence and assertion of liability. The judge who's hearing your case must also understand. Typically we use evidence as proof to convince a judge or jury of the defendant's guilt "beyond all reasonable doubt." This is how it applies to criminal matters. If you are accused of theft, abuse, or murder, the state has to prove your guilt to a judge or jury. And there can be no reasonable doubt about that guilt. Frankly, this is almost impossible in many criminal cases, but people go to jail nonetheless. But here we're not talking about a criminal matter, this is a civil matter. In civil court cases the burden of proof works differently. There's no need to prove beyond doubt that the other party is at fault. Instead, you just have to prove that your story is better than theirs. To do this you'll need to show that your documented evidence and witness testimony outweighs anything the defendant shows in their defense. A judge knows this. If you're presenting your case in small claims court, there's no need to worry about people understanding how the burden of proof works. The judge will hear your case, then the defendant’s case, and then balance the sides against one another. As long as your side tips the scales, you'll win. Granted, the more you tip the scales, the greater your chances are at receiving a hefty award. If the case is going before a jury in a formal personal injury lawsuit, then the burden of proof must be explained. The defendant’s lawyers will stress that the burden of proof lies entirely on you. And they're right. It's your responsibility to prove the defendant's negligence. In civil court cases, the defendant is under no obligation to prove they weren't negligent in causing your injuries until you give reasonable proof (called prima facie) that they were negligent. In turn, the judge or jury will be expecting a lot from you. Therefore it's your job, or your lawyers' job, to give a strong initially convincing argument that your side of the story is the truth. Once the judge or jury understands your story, your job is half done. You should have enough evidence by now that your case will speak for itself. Return from Civil Court Cases to How to File a Lawsuit Return from Civil Court Cases to Personal Injury Settlement Guide How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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