Answering Your Questions About Burden of Proof and Its Importance

In the unfortunate incident that you were to be injured in an accident perpetrated by another person, you will want to recover compensation. However, being awarded compensation by the court is easier said than done. Your personal injury lawyer will have to do more than just state it. The burden of proof refers to the fact that you will need to convince the jury that your claim is supported by factual evidence.

The burden of proof walks on two legs - i) burden of persuasion and ii) burden of production. The burden of persuasion involves persuading the jury that the plaintiff’s version of events is credible. The burden of production is the second part and deals with the suer producing enough evidence to convince the jury.

Why Is Burden of Proof Important?

In a trial, the burden of proof is assigned to both the defendant and the plaintiff. Once the parties have gathered and presented their evidence to the court, the judge and jury decide if they have been able to satisfy the burden. It is also in control of the jury to decide the consequences if a party is unable to prove their claim.

The following example should be able to help you understand by burden of proof is considered so essential.

Suppose a driver hit your vehicle because they were texting their phone while driving. It is a case of distracted driving. You incur some injuries and extensive damage to your car. However, the other driver decides to pull one over you and accuses you of crashing you into their car and now claims that you owe them compensation. The evidence that will most likely include photos of the injury and damage, witness testimony, and medical bills will protect you from false accusations. Additionally, it proves that the plaintiff is clearly responsible for the accident and your claims are solidified.

How Does the Defendant Satisfy Burden of Proof?

An experienced personal injury lawyer will always gather evidence from different sources to substantiate their client’s testimony rather than simply relying on the oral accounts. In the motor collision we talked about above, the plaintiff will need to present photos of the accident scene, police reports, and eyewitnesses.

Of course, the two parties will relate two vastly conflicting accounts of the incident. When the case goes on trial, the jury is responsible for determining if either party has been able to satisfy the burden of proof.

How is Burden of Proof Different in a Criminal Lawsuit from a Civil Lawsuit?

The primary difference between burden of proof in a criminal lawsuit and a civil lawsuit is that in criminal suits, the burden of proof rests completely on the prosecution. The defendant is treated as innocent until proven guilty.

In a civil lawsuit, on the other hand, the burden of proof rests on the plaintiff or the person bringing the case to court. A preponderance of the evidence is required on the suer’s part.

How Can Foshee & Yaffe Help?

Foshee & Yaffe is a law firm that has been around for nearly half a century. Our team of Oklahoma City-based attorneys and expert staff will see your case to the end. To schedule an appointment, call us at (405) 378-3033.

**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.