Burden of Proof in Personal Injury Cases

Lawyer Explains Burden of Proof in a Denver Personal Injury Case

In a personal injury case, it is up to the plaintiff to prove his or her case. This is called burden of proof. The outcome of the case will depend on the plaintiff’s evidence, as the defendant does not have to prove that he or she did not cause the injury. They do, however, have to prevent the plaintiff from proving his or her case. Because of the complexities of these types of cases, it helps to have a Denver personal injury lawyer on your side.

What this means is that in a personal injury case, the plaintiff must prove that it is most likely true that the defendant is at fault in order for all aspects of the case to be satisfied. This is called a preponderance of evidence. Even if the plaintiff cannot prove that the defendant is 100% at fault, as long as he or she can prove that the defendant is mostly at fault, then they can receive compensation for their injuries.

Burden of proof is the most critical part of a personal injury case. Without it, the case is invalid. There is no right way to meet the burden of proof, as long as the testimony and evidence prove that the defendant likely broke a law. The standards for sufficient burden of proof may vary from state to state. A Denver personal injury lawyer can help determine what is needed for your specific case in Colorado.

Types of Evidence

The following types of evidence are often used:

  • photographic evidence;
  • physical evidence;
  • expert testimony; and
  • eyewitness testimony.

Each attorney will argue whether the evidence does or does not meet the burden of proof.

Proving Liability

Liability in a personal injury case can be done in three ways:

  • Duty – We each have a responsibility to act a certain way towards others.
  • Breach of duty – The defendant failed to act in a reasonable manner.
  • Proximate cause – Plaintiff must show the defendant was negligent in their behaviors or actions.

Contacting a Denver Personal Injury Lawyer

Don’t try to fight a personal injury case on your own. It takes the knowledge of a Denver personal injury lawyer to help prove your case. Most lawyers have the skill to present evidence in a convincing way as well as argue any evidence presented in court.

If you need help with your personal injury case, contact the Law Office of D.J. Banovitz. He is a Denver personal injury lawyer who can help you with your case. Contact him today at (303) 300-5060 and request your free booklet 7 Costly Mistakes that can Ruin Your Colorado Injury Case.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case. D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.