Filing a personal injury case in Florida without necessary proof makes your side weaker. Whether someone experienced a car crash or was harmed by another party, the first thing they need to do is collect supporting evidence. Without evidence to back your claim, a victim can never win the approval of a jury or a judge.
The side wishing to succeed in their claim needs to meet the burden of proof. Personal injury cases can get complicated. Both sides try to blame one another. In this chaos, the decision solely matters on the documented evidence. It can be a photo, audio, or video.
According to statistics, Florida experienced 3,183 traffic accident deaths in 2019. Amongst these people, several individuals had no fault. Still, they suffered due to another person’s negligence. Every victim has to provide evidence of another person’s negligence. Without proving your stance, you cannot expect to win. Courts and legal systems do not build cases on mere allegations.
How Does the Burden of Proof Affect a Personal Injury Case in Florida?
For recovering compensation in a personal injury case in Florida, the victim needs to present various types of proof. These proofs either depict the defendant’s negligence or show their involvement in the incident. By satisfying the burden of proof for the following four elements a harmed individual can prove their point. These are:
- The accused side owed a duty of care to the victim.
- The accused breached the duty.
- The breach led to the incident harming the victim.
- The victim suffered harm such as injuries and/or expenses.
Upon establishing all these points, the appealing side can be certain that they will get justice. From physical pain to mental trauma, victims get compensation for everything.
What Is the Role of the Burden of Proof in Civil and Criminal Cases?
Criminal and civil cases are two different matters. In criminal cases, prosecutors need to prove that the person accused of the crime is guilty of the offense. In this matter, the burden of proof is very high, and without valid evidence, the case cannot be won. On the other hand, in civil cases, the burden of proof is a preponderance of the evidence.
Two parties blame each other and whichever side produces supporting proof wins the battle. For example, if another vehicle crashes into your car and you present proof in court regarding the matter, you prove the driver’s negligence. Moreover, your injuries resulting from the crash are also indirectly caused by the other driver, so you receive compensation as well.
Understanding Preponderance of the Evidence:
The preponderance of the evidence is used to support a person’s personal claim. Individuals must show that their side of the story has more accuracy than the opponents. For this purpose, plaintiffs can gather testimonies, physical evidence, and even video recordings. After displaying these crucial pieces of proof in front of the judges and jury, one can wait for positive results.
However, having more witnesses or better-quality pictures does not mean that you have met the burden of proof. Until the jury isn’t satisfied with your argument, the decision will not be in your favor. In every claim, it is the plaintiff’s responsibility to prove their side of the story as they are the ones blaming the defendant. There is no pressure on the defendant to prove anything.
Hire the Best Attorneys in Florida for Your Case:
A personal injury case in Florida won’t be easy to fight without legal assistance. Without knowledgeable attorneys, an individual will make plenty of mistakes. Therefore, we are here to help you in every matter. Gathering quality evidence is tough, but you won’t feel any pressure after hiring us.
Our experts know how to meet the burden of proof. They use the best strategies to convince the jury and judges about your innocence. Their goal is to prove you right in court and win a significant amount of compensation for you. Clients only need to explain their case details, and our experts will take over from there. We are available for our community 24/7.