One Call, That’s All 800-404-9000
CASE EVALUATIONS ARE FAST, EASY, AND FREE.
When injured in an accident, seeking fair compensation often means proving that another party was responsible for those injuries. This legal requirement is known as the burden of proof, and it’s the foundation of every case, including a personal injury claim.
Understanding the burden of proof is essential, whether you’re filing an insurance claim after a car crash, pursuing a slip-and-fall case, or holding a negligent party accountable for wrongful conduct.
At Craig Swapp & Associates, our experienced injury lawyers know just how critical the burden of proof is in ensuring injured individuals have the strongest chance to recover what they deserve.
Let’s break down what burden of proof is, why it is important, who holds it, and how it ultimately influences the compensation you receive.
The term burden of proof refers to a party’s legal duty to prove the allegations they make in court. In personal injury cases, this means the injured party (the plaintiff) must show, through evidence and facts, that another party was legally responsible for their injuries.
The burden of proof is the threshold of evidence that must be met for a claim to be successful. It sets the foundation for how a case unfolds, guiding what evidence is gathered, how arguments are made, and how the judge or jury evaluates the claim.
Unlike in criminal trials, where the prosecution must prove the defendant’s guilt “beyond a reasonable doubt,” personal injury lawsuits typically operate under a lower threshold, known as the “preponderance of the evidence.” This means the injured party must show it is more likely than not that the defendant’s actions caused their injuries.
Without meeting the burden of proof, no matter how severe the injuries, the injured person’s claim cannot succeed. For this reason, the burden of proof is important in every personal injury case.
The importance of burden of proof cannot be overstated. It’s one of the pillars of every case and plays a decisive role in every legal dispute.
Here’s why burden of proof is important in personal injury cases:
Whether or not an injured person receives compensation hinges on meeting the burden of proof. Even if it seems obvious that the other party was at fault, courts and insurance companies require clear, credible evidence before awarding damages.
The burden of proof influences the entire legal strategy. Injury lawyers must gather medical records, witness statements, photographs, accident reports, and sometimes expert testimony to demonstrate fault and the extent of harm suffered.
By requiring the person bringing the claim to prove their case, the burden of proof helps ensure that only legitimate claims succeed. This standard helps to prevent frivolous lawsuits and protects individuals and businesses from unfounded liability.
Insurance companies carefully evaluate whether an injured individual has enough evidence to meet the burden of proof. If the insurer doubts the claim will hold up in court, they are less likely to offer fair compensation.
Because the burden of proof is important in all phases of a personal injury case, it’s crucial to work with an injury lawyer who understands what is needed to establish liability and maximize the value of your claim.
The standard of proof is the level or degree of evidence required to satisfy the burden of proof.
Here’s how standards of proof apply:
This is the standard used in nearly all personal injury claims. “Preponderance of the evidence” means the injured party must show it is more likely than not that their version of events is true. If there’s even a 51% chance the claim is correct, the plaintiff meets this standard.
For example, if you are injured in a car accident and sue the other driver, your injury lawyer must prove it’s more likely than not that the other driver’s actions caused your injuries.
Some civil cases, such as those involving fraud, punitive damages, or intentional misconduct, require a higher standard: “clear and convincing evidence.” This means the evidence must be highly and substantially more likely to be true than untrue. While still lower than “beyond a reasonable doubt,” it’s a tougher threshold than the preponderance standard.
For example, if you’re seeking punitive damages in a personal injury case (damages meant to punish the defendant), your injury lawyer may need to present clear and convincing evidence of gross negligence or willful misconduct.
This is the strictest standard. It requires proving the defendant’s guilt to such a degree that there is no reasonable doubt in the minds of the jury or judge. This standard is not applied in civil personal injury lawsuits, but it is an important distinction to understand.
The standard determines how much and what type of evidence is needed. In personal injury cases, because the standard is preponderance of the evidence, plaintiffs have a better chance of recovering compensation than if they had to prove their claim beyond a reasonable doubt.
In civil cases, including personal injury claims, the injured person always carries the initial burden of proof. It’s their responsibility to establish, by a preponderance of the evidence, that the other party (defendant) is legally responsible for their injuries and losses.
In personal injury claims, the burden of proof lies with the person seeking damages – the injured individual. They must provide enough evidence to convince the court that the defendant’s negligence or wrongful act more likely than not caused their harm.
In criminal proceedings, the burden of proof falls on the government (the prosecution). Prosecutors must prove the defendant’s guilt “beyond a reasonable doubt.” The accused is presumed innocent until proven guilty, and the prosecution must overcome this presumption.
Simply, the key differences on who holds the burden of proof:
Understanding who has the burden of proof in each setting is essential. In personal injury cases, the focus is on demonstrating fault and damages through clear, convincing evidence.
Meeting the burden of proof directly impacts the compensation an injured individual can receive after an accident.
If your injury lawyer can meet the burden of proof by clearly showing that another party’s negligence caused your injuries, you are much more likely to secure a favorable settlement or verdict. Insurance companies evaluate the strength of your evidence when determining how much to offer. If the insurer sees that your case is well-documented and persuasive, they’re more likely to negotiate fairly.
Proving your case requires thorough documentation and evidence. Medical records, accident reports, photographs, surveillance footage, witness testimony, and expert opinions all play a role in meeting the burden of proof. Strong evidence can mean the difference between a denied claim and a full financial recovery.
Some states follow comparative negligence rules, which means that if you are partially at fault for the accident, your compensation may be reduced proportionally. The burden of proof is important here, both sides may present evidence to show who was more responsible. If you’re less than 50% (or in some states, 51%) at fault, you can still recover damages, but the amount will be reduced by your percentage of fault.
Insurance companies routinely challenge the evidence in personal injury claims. They may try to minimize their payout by disputing the severity of your injuries, questioning how the accident happened, or arguing that another factor was responsible. Your ability to meet the burden of proof is crucial to overcoming these arguments and ensuring you receive full and fair compensation.
If you cannot meet the burden of proof, your claim may be denied or dismissed. Even if you have real injuries and real losses, failing to gather and present sufficient evidence can result in receiving little or no compensation.
At every stage of a personal injury case, understanding the burden of proof and why the burden of proof is important can make the difference between a successful outcome and a denied claim. The burden of proof determines who must prove what, shapes the evidence needed, and directly influences the amount you may recover for your injuries and losses.
At Craig Swapp & Associates, our injury lawyers are committed to helping injured individuals build the strongest case possible. Our firm serves clients in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona.
Best of all, you pay no legal fees unless we settle or win your case. When you need experienced representation, remember: “One Call, That’s All!”
If you’ve been injured and need help proving your case with strong evidence, call us today at 866-308-3822 or fill out our contact form to schedule your free consultation.
Written By: Ryan Swapp Legal Review By: Craig Swapp