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What you need to meet the burden of proof in a personal injury lawsuit

On Behalf of | Feb 8, 2022 | Personal Injury

Individuals harmed by someone else always deserve restitution. Initiating a lawsuit is the primary method of extracting payment from guilty parties.

Litigation fails when plaintiffs are unable to meet the burden of proof. Working with a personal injury professional makes convincing judges and juries easier. Know what evidence is necessary when building a case.

Developing a solid argument

Legal conflicts involving personal injury are not always clear-cut. There are nuances to every situation that complicates assigning blame. Never rush into litigation without crafting a rationale for why you deserve payment. Despite this, you need to make sure you file before the statute of limitations runs out.

Providing convincing evidence

Verifying your claims can happen in several ways. Physical records, such as sales agreements and contracts, might be helpful. Photographs are often critical to understanding the scope of an event. Eyewitness statements are also effective at getting others to believe your story. Following depositions with expert testimony is especially powerful.

Showing negligence

Plaintiffs have to show that the defendant is guilty of a breach of duty. For instance, we expect that taxi and rideshare drivers observe traffic laws. Despite this, they may drive recklessly, causing an accident. The harm we endure as passengers violates our unspoken agreement. Another example is a lack of protective signage. Electrical fences, for instance, must have warnings not to touch. Landowners with high-voltage equipment are liable if they do not hang cautionary messages.

Building a personal injury case requires strategy and expertise. Only file suit when you have the necessary facts on your side.