The “Winning” Burden of Proof: How Is Guilt Determined in a Personal Injury Case?

Who Bears the Burden of Proof in a Personal Injury Case?
If a prosecutor wants to convict you of a crime, they have the burden of proving beyond a reasonable doubt that you are guilty of that crime. However, if you want to recover against a negligent party or insurance company for injuries from a car crash, dog attack, slip and fall, or other accident, you will have to carry the burden of proof. Fortunately, the burden of proof in these civil cases is much lower than what a prosecutor is required to prove in a criminal case. The plaintiff and their legal team usually bear the burden of proof in personal injury cases. But instead of proving their case beyond a reasonable doubt, they have a lower hurdle to achieve: establishing the aforementioned preponderance of evidence to convince the jury of the defendant’s more than 50 percent responsibility for payment of the damages at issue. Part of this is accomplished by producing evidence – facts, figures, data, photographs, diagrams, testimony and the like – to prove that their client’s injuries are more than 50 percent to blame on the defendant. But personal injury lawyers must also present all the evidence they’ve produced in a compelling way to convince jurors that the defendant indeed bears the blame for their client’s pain and suffering, lost wages, medical expenses, rehabilitation costs, and any other damages incurred. Some highly persuasive pieces of evidence include the testimony of expert witnesses like doctors and other health professionals, and, of course, the first-hand observations of eyewitnesses and perhaps even police officers who were on the scene. Law enforcement officers are supposed to generate highly detailed police reports which can’t usually be entered into evidence in a trial but do provide insight into how the officers interpreted the cause of the accident. According to Mike Morse Law Firm attorney John R. Nachazel Jr., “The testimony of the police officer responding to the crash can be admissible as evidence in a negligence case and the police report is a very strong indicator of how the officer will testify.”And Here’s How Civil Cases Are Won in the Courtroom …
Only after an expert personal injury lawyer has built a case by assembling the strongest possible evidence… and then effectively presenting it using all the persuasive tools at their disposal… can the preponderance of evidence on behalf of the plaintiff be fully and firmly established. And here at Mike Morse Law Firm we’re very good at doing that. In fact, it’s resulted in our clients receiving legal settlements surpassing $1.5 billion! So, if you’ve been injured due to the negligence or bad actions of an individual, a business, or even corporation, don’t bear the burden all by yourself. Get an advocate on your side by calling us at855-MIKE-WINS (855-645-3946), or you can always get in touch with us right here.Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to over 250 employees, served 100,000 clients, and collected more than $2 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.
