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What Burden of Proof do you have Meet in a Personal Injury Case?

In order to recover in a personal injury case in Massachusetts, you have to prove your case. What is that really mean? What is a burden of proof? How much evidence is really necessary? What if I think my cases obvious? Well, bringing a claim in personal injury is a technical and legal process. I'll go through these questions one by one and I'll provide more clarity so that you, the potential client, have a better sense of whether you have a case that is viable.

The burden of proof is the level to which one must prove their case. In different types of cases, we have different burdens of proof. That just means that depending on the case, there may be higher or lower level to which you must prove your case. The most difficult burden to meet is beyond a reasonable doubt. Not a reasonable doubt is the burden of proof necessary in criminal cases. That makes sense right? We want people going to jail or even incur a criminal record unless we've really proven beyond a reasonable doubt that the person is guilty of the crime. As a society, we would rather people go free than risk people be wrongly convicted.

in almost all civil actions, the burden of proof is a preponderance of the evidence. That's really just a fancy way of saying more likely than not. So the threshold line is exactly that, more likely the not. If two things were equally likely, that is, they had an equal likelihood of occurring, then the burden has not been met. If too plausible scenarios were argued by each side of the case, and both of those scenarios were equally likely to have occurred, and the plaintiff will not win. Let's talk more about this.

I propose the question earlier, "How much evidence is really necessary?" Well, that really depends. Each case has its own set of facts and evidence. How much evidence is required depends upon how much evidence there is in total. I guess the best answer is that you need as much evidence as is necessary to prove that your plausible scenario is more likely to occurred than the defendant's proposed scenario.

Now, remember that inference is allowed. But, you can't win your case on pure conjecture or guesswork. Meaning, you can't have a giant gap in the facts or the evidence supporting those facts, with the gap being filled in by the guesswork of plaintiff's counsel. That's not to say that you can't have gaps in evidence in order to win your case. However, I wouldn't recommend going to trial simply having the attorney argue that something probably happened. You need evidence and argument by the attorney is simply not evidence. If there is a gap in evidence in that gap must essentially be filled to resolve the matter in the minds of the jury, then a likely solution is to bring in an expert witness were witnesses who can give their expert opinions as to what occurred during the gap. the Jerry can then weigh the evidence and make an inference as to what actually occurred. This would also be known as "resolving issues of fact".

As a Massachusetts personal injury attorney, I am often confronted by prospective clients attempting to argue that they have a solid case when, in reality there are major gaps in evidence. As the injured party, or the party whose family member has been injured or lost her life, it's really difficult to think objectively about the case. Your objectivity is unavoidably jaded by your emotions. You likely feel that no one would believe an alternative to what you believe is the truth. The reality is that people will ultimately decide these issues are not your friends or family members. They are members of the greater community and they will be well situated to view the facts of your case and objective manner. It is natural for you to be frustrated when there is a gap in the evidence. The prospect of losing a case when you clearly know you are in the right can be mind numbing. All the more reason for you to speak with an experienced personal injury attorney knows how to handle cases of this nature.

Remember that evidence is usually more difficult to gather years down the road or even months down the road than it is to gather soon after the accident has occurred. It's simply easier to pull together documents and witnesses right after something's happening than it is later on. Witnesses forget exactly what happened and that can mean losing your case. A good personal injury lawyer will know how to pull together the necessary evidence soon after the accident occurred. She like to consult with our lawyers today, simply call our office and will arrange for a confidential and free conversation between you and experience personal injury lawyer.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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