If you were injured in an accident caused by another party’s negligence, it is crucial that you seek legal action for compensation. As the plaintiff, you must understand the standard of proof expected in a personal injury claim to ensure that you are prepared for your case. Continue reading for more information and work with a skillful Bergen County lawyer for experienced counsel.
What is Negligence?
Negligence is an individual or entity’s failure to exercise the level of care that a reasonably prudent person would under similar circumstances. For example, a driver who runs a red light or a store owner who ignores a leak could be considered negligent, as a reasonable person would abide by traffic laws and work to clean up or rope off a hazardous area.
What is the Standard of Proof in an NJ Personal Injury Case?
As the plaintiff, it is important that you understand your role and responsibilities during your case. Because you are the initiator of the legal action, you bear the burden of proof, meaning that you are required to convince the insurance provider or court that the defendant is liable for your injuries.
In order to do so, you must meet the standard of proof. You may be familiar with the standard of proof in a criminal case, called “beyond a reasonable doubt.” This is the highest burden of proof in the legal system. However, a personal injury case does not require such stringent evidence.
The standard of proof in a personal injury case is the “preponderance of evidence.” A preponderance of evidence means that it is more likely than not that the defendant’s actions caused the injury. You must convince the court that it is more than 50% likely that your version of events is accurate and that the defendant is responsible for your damages.
How Can I Prove Negligence?
In order to meet the standard of proof required in a personal injury case, you must gather ample evidence to convince your audience that the defendant was careless or reckless and that they are responsible for your damages. This can be done by establishing the four key elements of negligence.
- Duty of care: The defendant must have had a legal obligation to take reasonable care to prevent accidents or injuries
- Breach of duty: You must show that the defendant’s actions violated this duty of care
- Causation: The breach of duty must have directly caused or contributed to the accident and your injury
- Damages: You must have suffered real damages as a result, like financial losses, physical pain, or emotional distress
When arguing that the defendant was negligent, you should provide compelling evidence linking their behavior to your accident and demonstrating how your injuries have impacted you since. This can be done through photos and videos from the scene of the accident, medical records, employment information, witness statements, expert testimony, and more.
Reach out to a skilled personal injury attorney for more information and skilled legal advice today.
