Wheat Ridge personal injury attorney, D.J. Banovitz explains that in order to receive fair compensation through a personal injury claim, you — the plaintiff — must produce evidence that clearly demonstrates someone else is at fault for your injuries.
This is best done with the help of a lawyer. By securing legal counsel you have a better chance of building a strong case.
Burden of Proof in a Personal Injury Claim
The defendant doesn’t have the burden of proving they weren’t at fault. Instead, the plaintiff carries the burden of having to establish the defendant’s negligence.
In other words, based on the evidence provided, the claims made by the plaintiff must establish the following:
- a duty of care was owed;
- the duty of care was breached;
- as a result, the plaintiff sustained injuries.
An example would be a pedestrian who was struck by a car that ran a red light. They would need to prove that a duty of care was owed to them, which is fairly easy to demonstrate since anyone who gets behind the wheel of a car must operate it in a legal, safe manner.
Proving that the duty of care was breached when the driver ran the red light could be established by the testimony of witnesses or cameras at the intersection. The plaintiff’s injuries can be proven through medical records.
Consulting with a Wheat Ridge Personal Injury Attorney
Evidence can come in many forms including photographs, accident reports and physical evidence. For help in collecting this, contact D.J. Banovitz at 303-300-5060. You should also order our FREE injury guide, 7 Costly Mistakes that can Ruin your Colorado Injury Case.