April 24, 2018 | 10:45 pm
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What Burden of Proof Means in a Personal Injury Lawsuit

Through a personal injury lawsuit, you may be able to sue another party for damages if you have been negatively affected by the actions or negligence of another party. Personal injury law covers a broad range of topics, and this includes everything from food contamination and medical malpractice to slip and fall accidents, dog bites, car accidents and more. In all cases, personal injury law states that the burden of proof lies on the accuser, and this means that you play a key role in the outcome of your case. By understanding more about what burden of proof means, you may be able to better prepare for your case.

Showing That Your Life Was Negatively Impacted
As a first step when documenting the incident, the burden of proof lies on you to show that your life was negatively impacted by the actions or negligence of the other party. This means that you need to show that the event happened and that you were injured or affected as a result. It may include providing a police report of a car accident, medical bills documenting your injuries and more. Your attorney may provide recommendations for the types of documents that would work well for this.

Showing That the Other Party Is Responsible for the Event
It is also imperative that you can prove beyond the shadow of a doubt that the other party is somehow responsible for the event. For example, in a dog bite incident, did the dog’s owner fail to patch up a hole in the fence that had been there for several days or longer? Did a store fail to properly mark a change in elevation, such as a step, so that it was clearly visible? Keep in mind that there may be several responsible parties in an event. For example, in a car accident involving a commercial truck, the driver may have failed to yield, but the trucking company may have not properly maintained the brakes on the truck.

Showing the Financial Impact of the Event on Your Life
A final and very important step to take in a personal injury law case is to document the financial impact that the event had on your life. For example, you may document lost wages by showing how much time you had to take off of work and what your current salary is. You may document medical expenses by providing actual medical bills that you have received. Other related expenses, such as pain and suffering, loss of enjoyment and more, may be harder to prove, and your attorney can work with you to properly document these.

Burden of proof is a heavy burden that an accuser must overcome when pursuing a personal injury law case. It is wise to speak openly with your attorney about the burden of proof and how he or she suggests that you satisfy this legal requirement. Visit the claimaccident.ca website for more information.


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