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The Burden of Proof

Personal Injury Lawyer Yonkers, NY

The burden of proof is generally something that describes how the party is seeking to prove a fact to the court and they must satisfy the court’s standards to have that fact legally established. Your personal injury lawyers such as the ones available Greenspan & Greenspan P.C. are going to be able to tell you that there are different standards when there are different circumstances. In criminal cases, the burden of proving the defendant’s skill is going to be on the opposing side, and they are going to have to establish fact beyond reasonable doubt otherwise the case cannot proceed. However in civil cases, the plaintiff is going to be the one proving burden, and preponderance of the evidence is a completely different standard that requires different amounts of proof than reasonable doubt.

Depending on the jurisdiction and the action you are seeking, the legal standard to satisfy proving the burden in the United States can include proving burden beyond reasonable doubt, clear and convincing evidence, preponderance of the evidence, probable cause, reasonable belief, reasonable indications, reasonable suspicion, some credible evidence, some evidence, or substantial evidence. You can talk to your personal injury lawyer about how you need to prove the burden of proof to the court to get a settlement.

But you might not understand what burden of proof is and just how important it is. And that’s okay because your personal injury lawyer is going to be able to give you advice and answers. Essentially the burden of proof is putting forth enough evidence to support your claim, obviously this is going to be different for each case but sometimes you will bring forth documents, witnesses, testimonies and more to further prove your claim.

The judge is going to assign the burden of proof to different parties depending upon the consequences of the burden you are trying to prove. Sometimes there will be a jury you will decide if the party has satisfied the burden, and if there is a jury the jury will also decide the consequences of successfully proving the burden against another party. However not every type of litigation has a jury.

Again burden of proof in a civil lawsuit is very different than in a criminal lawsuit, because the burden of proof rests on the person filing the suit in a civil lawsuit, and they must be able to prove allegations are true and the defendant caused damages to them — most often these are the damages they are trying to get a settlement to cover.

There is no innocence until guilty in a civil case, because the preponderance of evidence implies that it is very likely the other party cause harm or damages to the person filing the suit, civil cases are often more lenient however if the civil case is more complex and serious than the evidence provided must be clear and convincing.

Talk to your personal injury lawyer today about the burden of proof in what you have to do to prove your case.