If you were ever injured due to another person’s negligence, recklessness, or other behavior, you understand how painful and jarring of an experience it can be. Getting justice for your accident is only possible when you fulfill the burden of proof during your personal injury case. To better understand your rights and the legal process, talk to an experienced Geneva, Illinois personal injury lawyer.

What is a Burden of Proof?

When the state is charging a person with a crime or an individual is bringing a claim or lawsuit against someone else, a judge or jury must be convinced to take one side or the other. Because they are the ones instigating the legal matter, the prosecution and plaintiff have the responsibility of proving their side. The defendant does not have to prove that they are innocent, the prosecution has to prove that they are guilty or liable. This is called the burden of proof.

What is the Burden of Proof for Personal Injury Cases?

In a criminal case, the burden of proof entails proving that the defendant is guilty beyond a reasonable doubt. That is, if the jury cannot come up with a reasonable belief that the defendant did not commit the crime, they will be considered guilty. A wrong conviction can be extraordinarily detrimental to a person’s life, so the burden of proof is strict.

A civil case such as a personal injury lawsuit will not require such strict standards. The burden of proof in a case like this is known as preponderance of evidence. Essentially this means that the evidence must show that something more than likely happened. If a judge is 50% or more sure that the defendant caused the accident or injury, they can be declared liable.

Should I Hire an Attorney for My Personal Injury Case?

It is highly recommended in any case, whether criminal or civil, to find trusted and knowledgeable representation. Hiring an attorney is vital in winning your case and recovering damages for your misfortunes. During a personal injury claim, you can receive compensation for medical expenses, loss of income, property damage, emotional suffering, and more.

Because of their knowledge and experience with the law your lawyer will be skilled in protecting your rights and advocating for your best interests. They can help you:

  • Communicate with insurance companies
  • Gather and organize evidence
  • Keep records of medical and other expenses
  • Interview witnesses
  • Negotiate a settlement offer
  • Represent you at trial
  • Understand and navigate the legal process

Going through a claim or lawsuit can be daunting. To meet the standard of proof you will need to show that the defendant behaved in a reckless or negligent manner that directly resulted in your injury. Working with an attorney will help ensure you see the defendant held responsible and allow you to collect the compensation that is rightfully yours. Studies have shown that having professional representation leads to a higher chance of success and increased settlement amounts. Reach out to a skilled attorney today.