Under Texas law, if someone has caused you to suffer a personal injury due to their negligent or reckless actions or behavior, you may have the right to seek the remedy of a financial compensation through a personal injury lawsuit. In order to be successful, the victim must prove this negligence. In the eyes of the law, the victim is the one who has the burden of proof in demonstrating the alleged at-fault party was negligent. A personal injury lawyer in Houston, TX knows the steps and evidence necessary to show proof and be successful.
What does burden of proof mean?
The American legal system is adversarial. In any civil action, when a person is accused of an act that harms someone else, it is up to the injured person to demonstrate a wrong has been committed by the person they are accusing, and that wrongful act resulted in circumstances that caused their injuries.
In a criminal case, the burden of proof falls to the government – federal, state, or local – that is prosecuting the alleged offender.
In both types of cases, the party who has the burden of proof must produce evidence that proves their case.
What are the degrees of proof?
Although in both a civil and criminal case, it is either the victim or the prosecutor who has the burden of proof, the degrees of proof in these types of cases are different.
In criminal cases, the prosecutor must prove their case “beyond a reasonable doubt.” This means there must be no doubt in the jury’s mind that the person who has been accused of the crime is the one who committed it.
But as a Houston, TX personal injury lawyer can explain, the degrees of proof in a civil case are different. The victim only has to prove their case by a “preponderance of the evidence.” This means the victim only has to prove to the jury that there is a greater than 50 percent chance that what they are accusing the other party of is true. Put simply, it means the victim has more evidence in their favor than the at-fault party does, even if it is just by the smallest degree.
Do I have a provable personal injury case?
The primary mistake most victims make regarding the potential of a personal injury case is not checking with a lawyer as to the viability of a possible lawsuit. They may think there is not enough evidence to win the case or that they cannot afford a lawyer to help them.
Both of these are often misconceptions. To find out what kind of case you may have, call John K. Zaid & Associates to meet with a dedicated Houston, TX personal injury lawyer for a free case evaluation.
