Most people in Kentucky are familiar with the beyond a reasonable doubt burden of proof that the prosecution has in a criminal case. There’s a different burden of proof in personal injury cases though. That burden is that a person who claims that he or she was injured by the carelessness and negligence of somebody else must prove his or her case by a preponderance of the evidence. Although a preponderance is a lower burden of proof than beyond a reasonable doubt, there’s nothing easy about preponderating and proving negligence in a personal injury case.
Contact Us to Learn if You Might Preponderate
You’ll be in need of a qualified and effective personal injury lawyer to review the facts and evidence surrounding your accident to determine whether the burden of proof can be met. The personal injury lawyers at Kaufman & Stigger, PLLC are available for free consultations and case reviews for this purpose at no cost to you at all. You need only phone us at 800-937-8443 use our online contact form to speak with a Kentucky personal injury lawyer from our offices.
Proof of Negligence in a Personal Injury Ca
In any personal injury case, it’s incumbent upon the claimant to prove their case by a preponderance of the evidence. This requires proof of the following elements:
- The defendant owed the claimant a duty of care to be free from negligence.
- There was a breach of that duty.
- The breach of that duty caused an accident.
- The accident was the proximate cause of the claimant’s injuries.
- As a result, the claimant suffered damages.
Defenses are available to all of these elements, and failure to satisfactorily prove any single one of them will cause a personal injury case to fail. That’s why preponderating can be a difficult burden.
Evidence Necessary to Preponderate
If for example, you were injured in a motor vehicle crash, here are some of the types of evidence that might help you to preponderate:
- A police accident report and testimony from the investigating police officer.
- Any evidence of intoxication or drug use by the defendant before the crash.
- Testimony of any occurrence or post-occurrence witnesses.
- Dash cam, traffic cam or security camera footage.
- Verification of any plea of guilty that the defendant made in traffic court.
- Photos of any damage to your vehicle and any visible injuries or scarring.
- Medical evidence from your doctors, including radiographs, medical bills and records.
What Does a Preponderance of the Evidence Mean?
A claimant preponderates when his or her version of events is shown to be more likely true than not true in a a civil trial like a personal injury case. Although it’s impossible to put a formula on more likely true than not true, preponderance would be a greater than 50% chance that the claimant’s version of events is true.
If you’ve been seriously injured as a result of the carelessness and negligence of somebody else anywhere in Kentucky, contact us right away for that free consultation and case review. We promise to listen to you closely, and we’re going to answer your questions too. After that, we can discuss preponderating and the legal options that are available to you. Upon being retained to represent you, our mission will be to obtain the maximum settlement or verdict that you deserve.
Contact a Kentucky Personal Injury Lawyer as Soon as Possible
If you or a loved one have been injured by the careless or reckless actions of someone else, please contact us for a free consultation on your case. There are rights you have and benefits available to you that an insurance company won’t be mentioning.
The Kentucky Personal Injury Lawyers with Kaufman & Stigger, PLLC, want to hear about what happened to you and discuss the quickest path to earning you the support you need in recovery. We also want to make sure you know about the things to watch out for when dealing with an insurance adjuster.
If you decide you want us to represent your personal injury case, you won’t need any money to hire us. We don’t earn an attorney’s fee unless we win compensation for you.
When you contact Kaufman & Stigger Injury Lawyers, we meet you where you are. For example, we will come to your home, hospital room, or wherever you feel comfortable meeting us to discuss you injury case.
