What Is the Burden of Proof in a Personal Injury Case in California?

Have you ever been involved in a personal injury case in California? Well, if you have then you must know the pressure of providing appropriate proof to the court and the attorneys.

In California, there are thousands of cases on monthly basis involving car accidents and other injuries. A personal injury case can also happen due to other causes like workplace injury, road crossing injury, and many other sources. Above all, the imperative point is to understand how to deal with the claims.

According to the California office of traffic safety, every 1.06 miles, an accident occurs and the rate increases annually. This means that situation of traffic is not under control. There are several reasons behind personal injury cases but a car accident is one of the most prominent reasons.

Evidence plays a crucial role in any personal injury case. In this article, we explain the burden of proof in these types of cases.

What Evidence Is the Defense Looking for in a Personal Injury Case in California?

In a personal injury case, the defendant could claim that you were responsible for causing your injuries. If the court finds you were 100% responsible, you will not receive any compensation. California uses pure comparative negligence in cases where both parties share fault for an accident. Your compensation will be reduced by your percentage of fault.

If the other party tries to put the blame on you, evidence from your side can help show the defendant was the one at fault. Personal injury cases are decided based on “the preponderance of the evidence.” This means that the side which offers more convincing evidence and testimony wins the case. Proof beyond a reasonable doubt isn’t necessary like in a criminal case.

What Do You Need to Do as a Plaintiff?

Well, you first need to understand what exactly is a plaintiff. You are the one claiming the personal injury and taking the matter to the court, and this makes you the plaintiff. So being a plaintiff, the court expects you to bring strong pieces of evidence against the other party.

It all depends on you how you present your argument. You have to come up with convincing arguments, along with clear evidence if you want to win the case.

Pieces of evidence like photographs, CCTV videos, and eyewitnesses giving statements in your favor can surely help a lot. In the case of a traffic accident, the police report can provide evidence the other driver was careless or reckless. Your lawyer may use medical bills and receipts to show that your injury led to expenses and support your claim for compensation.

Get Help From an Experienced California Personal Injury Lawyer

We know finding evidence for the court is not easy without knowledge of the law. Sometimes, people end up with less than they deserve in a settlement from the insurance company. This is why you need have to a personal injury lawyer on your side.

A professional hand can surely help you get through the difficulties of claiming for a personal injury case in California as they understand the law and how to present a strong case.

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