If you require compensatory damages from a negligent party, you must demonstrate that they caused your injuries. That means meeting the burden of proof in a personal injury case in New Jersey.
In New Jersey, the burden of proof for a personal injury lawsuit is not as high as you might think. Unlike criminal cases, which require lawyers to prove a defendant’s guilt beyond a reasonable doubt, civil lawsuits only require attorneys to prove that it is more likely than not that a defendant acted negligently, causing your injuries. That said, meeting the burden of proof still requires strong evidence against a negligent party and help from an experienced attorney. If you can’t meet the burden of proof in your personal injury claim, you won’t be able to recover compensatory damages in New Jersey.
Our attorneys are here to help victims throughout New Jersey hold negligent parties accountable. For a free case evaluation with the New Jersey personal injury lawyers at Legal Care, call today at (732) 838-9769.
What is the Burden of Proof in a New Jersey Personal Injury Case?
When people think about proving a defendant’s fault, they often think of the term “beyond a reasonable doubt.” That’s only relevant when determining guilt in a criminal case, not when determining liability in a civil one. In New Jersey personal injury lawsuits, the burden of proof is much lower.
Instead of having to prove a defendant’s fault beyond a reasonable doubt, New Jersey personal injury lawyers must meet a lower standard. In New Jersey, the burden of proof for personal injury claims abides by a preponderance of the evidence standard. Simply put, your attorney must prove that it is more likely than not, or that there is an approximately 51% chance, that a defendant’s negligent or intentionally wrongful act caused your injuries in New Jersey.
Upon learning this, New jersey victims may believe winning a personal injury lawsuit against a defendant is easy. That, however, is not true. Although the burden of proof is lower for civil lawsuits than for criminal cases, it still must be met. While this lower standard often favors plaintiffs, that is not always the case. Because of this, it is important that victims enlist help from an experienced Newark personal injury lawyer. While the preponderance of the evidence standard may initially appear easy to overcome, doing so still requires dedicated work on behalf of a skilled attorney.
Meeting the Burden of Proof in a Personal Injury Case in New Jersey
Meeting the burden of proof for a personal injury claim is crucial. If you do not do so, you risk losing access to the compensatory damages you need. In order to help your attorney ultimately meet the burden of proof, there are several things you can do. Creating and maintaining evidence by informing first responders of your injuries and keeping all pertinent records can help prove a defendant’s fault.
Establishing Evidence
Although the burden of proof for personal injury claims in New Jersey may seem low, you still need evidence. Much of the useful evidence in a personal injury lawsuit is established by victims immediately after they are injured. Calling first responders immediately after a negligent party causes your injuries is crucial. Getting eyewitnesses’ contact information is also important, especially if their testimony could help prove a negligent party’s fault. Evidence doesn’t always just appear. Instead, sometimes New Jersey victims have to take the necessary steps to document their injuries and a negligent party’s actions so that they can ultimately hold them accountable in a personal injury lawsuit.
Keeping Records
Often, it benefits victims to keep pertinent records regarding a case. For example, police reports and medical records, including any correspondence you may have had with an at-fault party informing them of your injuries, can support your compensation claim. While your Paterson personal injury lawyer will tell you which records are more helpful, it’s best to keep anything related to your injuries and expenses. Keep records of lost wages and medical bills – keep it all. Records documenting your injuries can demonstrate the damage a negligent party caused you.
Hiring an Attorney
More often than not, an experienced attorney will better understand what’s necessary to meet the burden of proof for a personal injury lawsuit in New Jersey. Your lawyer can gather all pertinent documents and evidence, from security camera footage to eyewitness statements, to build a strong case against a defendant. Proving that it is more likely than not that a defendant caused your injuries may seem simple, but it is not. A strong argument and clear facts presented by an experienced lawyer can ultimately allow you to meet the burden of proof for your personal injury claim in New Jersey.
What Happens if You Can’t Meet the Burden of Proof in New Jersey?
If you don’t hire an attorney to represent your interests in a personal injury claim, you risk not meeting the burden of proof. When that happens, victims may be unable to recover the compensatory damages they deserve.
Upon learning that the burden of proof for a personal injury claim is lower than that of a criminal case, New Jersey victims may believe hiring an attorney is unnecessary. In reality, that couldn’t be further from the truth. All litigation is complicated, and strict rules and court guidelines can harm your case if ignored. Hiring an attorney is wise if you wish to recover compensatory damages against a defendant.
Failure to meet the burden of proof means that a defendant won’t be found liable for your injuries. That also means you may be stuck with covering the cost of medical bills and lost wages after an accident caused by a negligent party. Instead of risking your access to justice, enlist help from a skilled attorney with the resources and experience necessary to meet the burden of proof for your New Jersey personal injury case.
Call Our New Jersey Attorneys for Help with Your Personal Injury Case
If you wish to hold a negligent party accountable in a personal injury case, our attorneys can help. For a free case evaluation with the Jersey City personal injury lawyers at Legal Care, call today at (732) 838-9769.
