In another chapter, I discussed the 'burden of proof', i.e. what a Baltimore city personal injury lawyer must carry to prove that the defendant is responsible for the accident or injury. In a typical car accident cases involving negligence principles, this involves proof that the defendant was negligent and caused an accident. This is generally presented by testimony of the involved parties, perhaps witnesses, some photographs, and occasionally a video depiction. In a more complex case, perhaps an expert with knowledge of how accidents occur may be brought in to testify.
Keep in mind that same burden -a preponderance of the evidence -applies to each and every element of damages claimed.
Juries are instructed that, while an award must be fair, it cannot be based on "guesswork". Medical records and bills may be used, as well as the testimony of a doctor to explain an injured person's physical condition. [MPJI 10:1]. Damages must be demonstrated with reasonable certainty. Damages must be more likely than not to occur to be awardable. With some injuries, there might not be objective medical evidence of any abnormality in the Plaintiff's body. Some injuries, by their nature, are not susceptible to objective verification without conducting tests, the cost of which may be disproportional to the injury. In these instances, a judge or jury is called upon to determine if they believe or disbelieve, the Plaintiff's testimony. Over thousands I cases, I have developed some mechanisms to help people convey the nature and extent of their injuries.
-This Article was updated by Eric Kirk on 6/25/19.