In personal injury cases, the burden of proof is the responsibility of the plaintiff to prove their case. If a person is suing another for negligence or other types of injuries, they must be able to show that the defendant was negligent or breached a duty owed to them. It’s up to the plaintiff to prove their case beyond a reasonable doubt, which means that all possible scenarios should be considered by the jury in order for them to find in favor of one party or another.
The burden of proof is the obligation of the plaintiff to prove their case. It’s also known as the “burden of persuasion.” The burden rests with you, and your job is to show that you’ve been injured by someone else’s negligence or wrongdoing. The burden should not be confused with what it means to have “legally proven” something—that’s what we’ll cover next!
How the Burden of Proof Applies to the Defendant?
Once the plaintiff has proven his or her case, it is up to the defendant to disprove it. The burden of proof rests with the party who claims innocence; in this case, that would be your client.
The first thing you should consider when determining how best to proceed in this situation is whether or not there are any other options available besides trial by jury. If so, these might include settlement negotiations and mediation sessions where both parties can come together for a face-to-face meeting without having to worry about being judged by others (such as jurors) at such meetings.
Example: Burden of Proof in a Battery Claim
Let’s say you’re a passenger in a car that’s being driven by your friend. She is texting while driving, but she doesn’t run into anyone or get into an accident. Instead, she bumps into another vehicle and gets rear-ended by it—a collision that causes damage to both vehicles and injuries to the driver of the other car who happens to be one of your friends.
Your friend claims she was not texting at the time of impact because her phone was in airplane mode at all times when she was behind the wheel (this is technically true). However, there may be evidence showing otherwise: perhaps some messages were sent after impact; perhaps others were received before impact; perhaps there are even photos on social media sites showing that your friend actually was using her phone during the drive. In this case, it would be up to you as plaintiff/claimant/party seeking relief from damages caused by another person’s negligence whether or not there was enough proof presented before taking action against them—and here again comes that burden of proof!
If your loved one was injured or killed by someone else’s negligence, then it is important that you take action as soon as possible. This could mean filing an insurance claim or even pursuing an individual criminal case if necessary. A personal injury lawyer in Mississauga can help with these types of cases and much more.
