Common Challenges With The Burden Of Proof In Your Personal Injury Claim

Posted on: 30 March 2023

In any personal injury case, one of the most important steps is meeting the burden of proof. This means proving that you, as the injured party, were not responsible for your injury or damages.

Without sufficient evidence to meet this burden, it can be difficult to win your case. Take a look at some of the common challenges people face when trying to meet this burden in a personal injury case. 

Unclear Liability 

It can be difficult to prove who is at fault if multiple parties are involved or the situation is unclear. 

For example, if you are injured in a car accident due to poor road conditions, it can be hard to determine who should bear the blame — the municipality responsible for maintaining the roads or the driver who failed to pay attention. In these cases, all parties may need to work together to reach an agreement about liability before any claims can be processed. 

If your case involves multiple parties, you may need to work with an experienced personal injury attorney to evaluate the evidence and determine who is at fault. In some cases, your lawyer might advise you to settle with all parties involved instead of pursuing a court case. This is often a better option, especially if it allows you to get the compensation and closure you need. 

Insufficient Evidence 

For your claim to be successful, you should have enough evidence to back up your case. You'll need documentation such as police report and medical records, as well as witness statements and photographs of the scene or any objects that were involved in the incident. If you don't have enough evidence, it will be much more difficult to meet the burden of proof and win your case. 

Remember that your evidence should be admissible in court. This means it should be relevant to the case and legally valid. If it isn't, you may need to find an alternative source of evidence or strengthen the existing evidence. Your lawyer can guide how to do this and help you present your case in the most convincing way possible. 

You Have No Legal Standing 

In some cases, even if you have sufficient evidence that another party was at fault for your injuries, they may not be held liable because you lack legal standing. For example, if you were injured while trespassing on someone else's property, you may be unable to claim damages. Since you weren't on the property legally, you might not have a legal right to seek compensation.

In these cases, you should speak with an experienced personal injury lawyer who can help you understand your legal rights and determine how to proceed. Your lawyer may be able to find a way for you to seek compensation or provide you with advice on other options, such as filing an insurance claim.  

For more info, contact a local firm like Richard Blundell Law Office


Always Know Your Renter's Rights

After my mother suffered a fall on the icy steps of her apartment building, I learned a lot about renter's rights, and I want to share my story and tips to help others. My mother was extremely afraid to pursue action against the apartment owners who were at fault for her fall due to fear she would be kicked out of her apartment. I found out that there are state laws that protect apartment renters from retaliation for asserting their rights as renters. However, it is very important to have any attorney on your side when you pursue a personal injury lawsuit against an apartment owner; the owner is less likely to even try to illegally evict you if they know you have an attorney already on your side. I hope you can learn a lot from my story and the other tips I share on this blog!