24 X 7    CALL : 1-888-344-9750

Explaining The Plaintiff’s Burden In A Civil Law Case

In a criminal court, the plaintiff must prove the defendant’s guilt beyond a shadow of a doubt. In a civil court, such as one that might hear a personal injury case, the plaintiff needs to show that a preponderance of the evidence supports the allegations against the defendant.

What does it mean to prove a case by a preponderance of the evidence?

In that case demonstration of proof comes when the jury has been convinced that there is greater than 50% chance that a certain fact is true. That fact is this: The defendant committed the alleged violation.

If a plaintiff fails to prove a case by a preponderance of the evidence, then the defendant has the right to submit a request. The defendant can ask the judge to enter a directed verdict. Still, the judge does not have to agree to the defendant’s request.

In some civil cases the plaintiff must meet a higher standard. In those cases, a plaintiff’s attempt to support a claim with a preponderance of the evidence would not ensure the ability to win the desired verdict. Instead, it would be the plaintiff’s job to the existence of convincing evidence. That can be done by his or her lawyers, if the individual is recovering from the accident.

What does it meant to demonstrate the existence of convincing evidence? That means having the ability to produce evidence that supports a substantial likelihood for proof of the plaintiff’s allegations.

Shifting of burden

If the accident victim can show by proof and evidence to convince the jury that defendant had committed the accident or wrongful act, the burden will be shifted due to the preponderance of evidence. In other words, now the defendant has to give more evidence than what was submitted by the plaintiff, to make the jury believe that the defendant was not responsible for the accident or act.

Then the jury will consider the submitted evidence to decide whether the preponderance of evidence has been done. The offered evidence can be:

• Recorded testimony (before trial)
• Live testimony
• Medical and health care reports
• Videos
• Photos

Basically, as per the law, the burden can keep changing till one of the two parties is unable to meet the submitted evidence. They can try but the jury and judge will decide if the evidence is sufficient. If they fail to submit the evidence that can convince the jury, they are to be blamed for the wrongful act.

Thus, if you have filed a claim, it is important to hire the services of a personal injury lawyer in Rocklin, to represent your case. As a plaintiff, it is important that your lawyer files enough evidence to prove the defendant liable for the accident.

WE ARE OPEN FOR BUSINESS DURING COVID-19!
X