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Burden of Proof in Car Accident Injury Claim

Posted on March 3, 2017

If you’re trying to make an injury claim from a car accident you may be asked to provide the burden of proof, and are unsure what burden of proof is, or how to provide it. The burden of proof is the duty of the person bringing the legal case to show that the allegations being made are true, or are at least likely true, based on evidence. There are different standards of proof for different kinds of car accident cases.

How To Find The Burden of Proof in A Car Accident

What you really need to know is how to provide the burden of proof. Here are a few things that you need to know so that you can provide the burden of proof.

  1. Duty of care – The injured plaintiff must first prove that the defendant had a duty to exercise reasonable care and caution in regard to the plaintiff’s safety. Sometimes the duty of care is obvious. For example, the law requires everyone who drives a car to do so safely for the sake of themselves and other drivers.
  2. Breach of duty – Once the plaintiff has established that the defendant had a duty to act with reasonable care, the plaintiff must next prove that the defendant breached that duty.
  3. Causation – The plaintiff must also prove that the defendant’s conduct caused the injury. That is, the plaintiff must prove that but for the defendant’s conduct, the injury would not have happened.
  4. Injury and damages – Finally, the plaintiff must prove the details and extent of the resulting injury to make a personal injury claim. Proof of injury is generally shown through photographic evidence, medical records, and testimony of medical records. The amount of money that the plaintiff is entitled to, known as “damages,” must also be supported by evidence.

Tulsa’s Most Trusted Car Accident Lawyer

If you are in the process of trying to make a claim and are unsure of how to provide the burden of proof in a car accident, it is best that you seek legal representation. An experienced attorney can help you through the process and can answer any questions that you will have. Please contact Charles Bryan Alred for their help today.