Recovering compensation for your personal injury can be a complicated and tiresome task. Plaintiffs must negotiate with defendants and gather evidence to support their claims. However, many victims question how much evidence is required for their cases to succeed.
The burden of proof in a personal injury case in New York requires that plaintiffs meet the preponderance of the evidence standard. In other words, you have to prove that your version of events is more likely not to have occurred. Understanding this burden can be difficult. Further, there are numerous forms of evidence that may be used to satisfy the burden of proof in your case.
If you were injured because of another person’s negligent conduct in New York, get help recovering the compensation you deserve. Contact our experienced New York personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
The Preponderance of the Evidence Standard in a Personal Injury Case in New York
The burden of proof is a party’s obligation to prove that a claim is valid or invalid based on the evidence presented in a particular lawsuit. It is a legal standard that helps courts evaluate the weight of relevant evidence and determine the winner of a case. Personal injury plaintiffs in New York must prove with a preponderance of the evidence that their case is valid. Simply put, plaintiffs must prove that it is more likely than not that their claims are true.
All personal injury claims in New York will be analyzed using the preponderance of the evidence standard. However, the same burden of proof does not apply to every type of case. For example, the prosecution in a criminal trial must prove beyond a reasonable doubt that a defendant is guilty. That standard of proof is much higher than the burden placed on personal injury plaintiffs.
Still, most defendants are represented by insurance companies that will try to disprove your case. Defendants’ insurers may hire defense lawyers, medical examiners, and private investigators who will try to invalidate elements of your claim. The assistance of our experienced Schenectady personal injury lawyers can be highly beneficial when dealing with insurance companies and proving that a defendant was at-fault.
What Do You Need to Prove in a New York Personal Injury Case?
The process for recovering monetary damages can vary from case to case for personal injury plaintiffs. There are many factors that can affect the legal strategies and analyses that apply to your lawsuit. However, all personal injury claims must satisfy the following elements in order to be considered valid:
- The defendant was under a duty of care
- The defendant did not adhere to that duty of care
- You were injured because of the defendant’s breach of duty
- You incurred damages as a result of your injuries
Applying these elements to the facts of your case can be difficult. Fortunately, you can reach out to our experienced Utica personal injury lawyers for help determining if the necessary elements have been established in your case during your free case review.
How to Satisfy the Burden of Proof in a Personal Injury Case in New York
To satisfy the burden of proof, personal injury plaintiffs in New York must collect evidence to corroborate their claims. There are several forms of evidence that may be used. The following are examples of evidence utilized by our Pittsford personal injury lawyers:
Accident Reports
Accident reports are often a valuable tool when satisfying the burden of proof in personal injury cases. After suffering an accident, a report may be created that outlines the circumstances surrounding your injury and can help point to your accident’s cause. For example, after a car accident, a police officer should visit the scene to draft an accident report. Furthermore, after a slip and fall accident at a bar or restaurant, the on-duty employees may be asked to fill out a report. Our team can help obtain a copy of the accident report in your case.
Physical Evidence from the Scene
Physical evidence from the scene of an accident can also be used to satisfy the burden of proof in a New York personal injury lawsuit. There are many types of cases where physical evidence can be used. For instance, in a case centered around a defective product, the product may be brought into court to demonstrate its defect. However, some evidence can be difficult to bring into court or preserve. Accordingly, there are other types of evidentiary documentation that can be used.
Photos from the Scene
Photos from the scene are another form of evidence that can be helpful when satisfying the burden of proof. Photo evidence can be used to document items and conditions that are unable to be preserved or presented at court. For example, after a slip and fall accident caused by dim lighting, photos of the dimly lit scene can be used to establish why the accident occurred. Our experienced New York personal injury lawyers can help evaluate the relevance of photos from the scene of your accident during a free case review.
Witness Testimony
Additionally, witness testimony can be highly beneficial when proving that a defendant was at fault for your personal injury. Witnesses can help explain the events that occurred before, during, and after a particular accident. Therefore, you should always attempt to retrieve contact information for any potential witnesses in the aftermath of your accident. Our Flatbush personal injury lawyers can offer guidance and support when reaching out to those witnesses for their cooperation.
Surveillance Footage
Lastly, surveillance footage is also a type of evidence used to prove fault in New York personal injury lawsuits. Like witness testimony, surveillance footage can help explain why or how a certain accident happened. However, parties in control of pertinent footage may be hard to communicate with. You should contact our attorneys for help acquiring copies of surveillance footage in your case.
If You Suffered a Personal Injury in New York, Our Lawyers Can Help
If you were injured because of another person’s negligent actions, seek assistance from our experienced Buffalo personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.