When you bring a legal claim, you are required to provide evidence that proves your claim. The specific party who must provide the evidence and the amount of evidence required is determined by the “burden of proof” in the case. Different types of cases have different burdens, which can make it complex to understand how to prove your case.
Keep reading below to learn all the details about the burden of proof and how this can affect the outcome of your personal injury case in Maryland.
Defining “Burden of Proof”
The burden of proof in a legal case is the standard that one party must meet in order to prove a fact in question. In simpler terms, the burden of proof specifies who must prove their case and how much evidence they need.
If you can meet the initial burden of proof, then this will have a very positive impact on your personal injury claim. However, if you fail to meet the burden, you will likely lose your case.
Burden of Proof Standards
There are varying burden-of-proof standards depending on the type of case involved. In personal injury cases, there are typically two standards: a preponderance of the evidence and clear and convincing evidence. Criminal cases, on the other hand, apply the standard of beyond a reasonable doubt.
Preponderance of the Evidence
A preponderance of the evidence is the burden of proof required in most civil cases. A preponderance of the evidence is the lowest burden of proof. To meet this burden, you must prove that your version of the facts is more likely true than not. On a scale of 0 to 100, a preponderance of the evidence means having just more than 50% of the evidence in your favor.
Clear and Convincing Evidence
Some parts of a civil claim may require proof by clear and convincing evidence. This means that you must prove that your version of the facts is highly likely to be true. Clear and convincing evidence is commonly required to award punitive damages in a civil case. In Maryland, punitive damages are only available if the plaintiff can prove actual malice, meaning the defendant acted with evil motive, intent to injure, or deliberate wrongdoing—not mere negligence.
Beyond a Reasonable Doubt
In a criminal case, the prosecution bears the important burden of proving the defendant’s guilt. This standard, known as “beyond a reasonable doubt,” means that there must be no reasonable doubt regarding the factual events that occurred.
Proving Your Personal Injury Claim
Most personal injury claims are based on negligence. This means that you must prove the other party’s negligence by a preponderance of the evidence.
To prove negligence, you must show:
- Duty of care: You must be able to prove that the defendant owed you a legal duty to act in a reasonable manner under the circumstances.
- Breach of duty: You will need to prove that the defendant failed to uphold the accepted standard of conduct. This means they acted in a manner inconsistent with how a reasonable person would have acted in a similar situation.
- Causation: Your injuries were both a direct and foreseeable consequence of the defendant’s behavior.
- Damages: You suffered some physical, emotional, or financial damage as a result of the defendant’s conduct.
Proving negligence requires proving all four of these elements. Failure to prove even one element will likely cause you to lose your case. However, meeting the burden of proof on all four elements likely means that you will win your case.
Common Types of Evidence That Can Be Used to Support Your Case
There are many different types of evidence that you may use to prove your personal injury claim and meet the burden of proof.
Some of the most common pieces of evidence include:
- Your own testimony
- Testimony from the defendant
- Expert or eyewitness testimony
- Photos
- Video surveillance
- Text messages or voicemails
- Medical records
- Receipts, bills, and other financial documentation
An experienced personal injury lawyer can help you gather evidence and build a strong case. If you have been hurt in an accident, you should always get help from a lawyer who can help you prove and win your case.
Contact Alpert Schreyer Personal Injury Lawyers for a Free Consultation With a Lanham Personal Injury Lawyer
Understanding the burden of proof in your case can sometimes be difficult. If you need help with a legal claim, call Alpert Schreyer Personal Injury Lawyers today at (301) 936-0011 to schedule a free consultation with a Lanham personal injury lawyer. We will investigate the details of your claim and help you through every step of the legal process. Contact us today to get started.