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How Does The Preponderance Of The Evidence Rule Apply To A Personal Injury Case?

You need to be able to demonstrate that a defendant is responsible for your accident in order to be awarded the full and reasonable compensation that you are entitled to through a personal injury claim. This brings up an essential question: who bears the burden of proof in a personal injury claim filed in the state of California? In legal proceedings involving criminal offences, the norm of “reasonable doubt” does not apply. Instead, it is a “preponderance of evidence” or “more probable than not” criterion, which is considered to be less stringent. In this article, a car accident attorney in Stockton highlights the most important aspects of the burden of proof in a personal injury claim in the state of California, which you should be aware of.

  • Evidence That Outweighs Doubts

The standard of proof known as “preponderance of evidence” is applied to the vast majority of personal injury lawsuits filed in the state of California. The preponderance of the evidence can be interpreted as requiring plaintiffs to demonstrate that their claim is “more likely to be true than not true,” as is expressly stated in the California Civil Jury Instructions 200. This is a criteria that plaintiffs must meet in order to succeed.This is an easier obstacle to overcome than the alternative legal standards of “clear and convincing evidence” and “reasonable doubt.” As stated clearly in the California Civil Jury Instructions (CACI) 200, this is an easier hurdle to clear.

  • Comparative Negligence Is Law In California

The comparative negligence (comparative blame) legal standard applies to the majority of personal injury claims that can be filed in accordance with California state law. In the event of an accident, everyone involved, including the person who was injured, will be held legally responsible for their respective amounts of fault. In many circumstances, defendants and insurers try to shift some of the blame for the incident onto the victim in order to lessen the amount of financial responsibility that falls on them. Consider the following scenario: you were involved in an accident in Stockton that resulted in $22,000 worth of damages to you. If it was determined that you were responsible for 10% of your own slip and fall accident, your personal injury compensation would likewise be lowered by 10% owing to the principle of comparative negligence, bringing the total amount from $22,000 down to $19,800.

  • Prove The Extent Of Your Damages

In a case involving personal injury, demonstrating fault is essential to establishing culpability; nevertheless, doing so alone will not be adequate to assist you in recouping complete and just financial recompense for your injuries. A victim who has been hurt is also required to present documentation that demonstrates the magnitude of their losses. In the state of California, personal injury damages, which can include compensation for pain and suffering as well as reimbursement for medical bills and lost wages, are designed to be compensatory to the fullest extent that the law allows. To put this another way, in order to be awarded damages, you need to demonstrate that the financial and non-financial harms that you suffered were directly related to the negligent acts or omissions that the defendant committed in order to be successful in your claim.

Conclusion And Remark

The victims and their loved ones have been awarded more than $25 million in compensation because of the efforts of personal injury lawyer atlanta ga. A legal team is standing by, all set to conduct an investigation into the accident you were involved in and compile the information required to establish who was at fault for the incident. You can reach them by phone or set up an appointment for a free assessment of your case by contacting them online. They provide results-driven personal injury representation in the San Joaquin Valley and all of Central California from their main office in Stockton. Their service area includes the entire state of California.