How is Burden of Proof Used in Personal Injury Law?
Burden of proof is a necessary part of personal injury law in which the injured party bears the responsibility of proving their case. In order to fully prove their case, a plaintiff must demonstrate:
- Duty of care: How the defendant was responsible for the care or wellbeing of the plaintiff. Duty of care can be as simple as “the defendant was responsible for NOT hitting the plaintiff with their car.”
- Breach of duty: How the defendant failed in their duty of care.
- Causation: How the defendant’s breach of duty directly resulted in the plaintiff’s injuries.
- Damages: The economical and non-economical losses that the plaintiff suffered as a direct result of the injuries.
If an injured party cannot prove all four elements of proof, their claim can be dismissed.
When is Burden of Proof Used in the Legal Process?
Proof must be established when you make a personal injury claim. It is the foundation of an injured party’s case and exemplifies the defendant’s liability in the case.
Famous Cases Burden of Proof Was Used
Virginia Medical Malpractice Lawsuit (2015)
In 2013, a man in Virginia went into a hospital for a colonoscopy. Fearful that he may not remember the doctor’s post-procedure instructions, he turned the recording device on his smartphone before he went under anesthesia. When he listened to the recording after the procedure, he was shocked to find medical professionals making fun of his fear of needles, calling him a “retard”, making jokes about a rash on his genitals, joking about not being available after the patient woke from the procedure, and even directly misdiagnosing him on purpose.
In many cases, it can be extremely difficult to prove medical malpractice. However, the man in this case was able to prove the medical professionals had a duty of care, breached that duty, which caused injury, and that injury led to damages, and he was able to do so through the recording on his phone. In 2015, after a three-day trial, a jury awarded him a total of $500,000 for defamation, and compensatory and punitive damages.
Is Burden of Proof Used in Kentucky Personal Injury Law?
Yes. In Kentucky, the plaintiff is responsible for “proving every element of the case beyond a reasonable doubt.”
Is Burden of Proof Used in Tennessee Personal Injury Law?
Yes. In Tennessee, “The claimant has the burden of presenting all the facts necessary in determining whether the claimant is entitled to compensation.”
How Does Hughes & Coleman Injury Lawyers Use Burden of Proof?
When you contact Hughes & Coleman Injury attorneys, we will discuss the circumstances surrounding your injury and give you a free case evaluation. In that evaluation, we will discuss the various aspects of proof, which may be implied. Should you choose to sign on as a client, your personal injury attorney may contact our professional and experienced investigative team to help us collect evidence that proves your case. We’ll also use the elements of proof (duty of care, breach of duty, causation, and damages) to help us negotiate an out-of-court settlement. Should the insurance company or defendant refuse negotiations or try to lowball you, we will take them to trial, using the evidence collected and the proof we’ve established to support your case.
