Who Is Responsible for Satisfying the Burden of Proof?

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The Florida civil court holds certain expectations regarding how personal injury claim proceedings are supposed to function. And if the court finds that its criteria are not satisfied (i.e., the burden of proof is not met), it may exercise the right to dismiss the legal claim altogether. This is all to say that you must put your best foot forward when bringing forth your personal injury claim. Without further ado, follow along to find out who is responsible for satisfying the burden of proof and how a proficient Hillsborough County personal injury lawyer at Merricks Law Group, P.A. can help you meet the expectations set out for you.

Who is responsible for satisfying the burden of proof in a personal injury claim?

If you are the personal injury accident victim bringing a legal claim forward (i.e., the plaintiff), you are charged with satisfying the burden of proof. To meet this standard, you must convince the Florida civil court that the defendant owed you a duty of care and subsequently breached it by acting negligently. Then, you must argue that their acting negligently prompted your involvement in the personal injury accident in question. Further, you must assert that the accident is directly related to the injuries and damages you are suffering currently.

Overall, fulfilling the elements of the burden of proof may be accomplished by supplementing your claim with enough evidence. Otherwise, it may be your word against the defendant’s, and the court may not have sufficient grounds to make its final ruling on the matter.

What are the different standards of proof for a personal injury claim?

Usually, the standard of proof you are looking to meet in a personal injury claim is a preponderance of the evidence. This standard holds that you must have enough evidence to prove the defendant, more likely than not, caused your injuries and damages. In other words, you must prove the defendant is more than 50 percent at fault for your injuries and damages. This goes hand in hand with the state of Florida’s modified comparative fault law.

However, say that you are seeking punitive damages on top of your economic and non-economic damages (i.e., medical bills and pain and suffering). That is, punitive damages are intended to punish the defendant and deter them from acting in such a negligent way in the future. Well, in this case, you may be held to a higher standard of proof. Specifically, you must prove the defendant, substantially and highly more likely, engaged in negligent behavior that caused your injuries and damages. Therefore, you may be expected to provide clear and convincing evidence that the defendant’s actions justify an award.

At the end of the day, if you require immediate legal representation, look no further than a talented Hillsborough County personal injury lawyer. Someone at Merricks Law Group, P.A. will be happy to serve you.

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