What Does a Plaintiff Have to Prove Get Compensation in a Personal Injury Case?
A plaintiff's Baltimore personal injury lawyer has what's known as the "burden of proof" in trial. The plaintiff must first produce evidence, through testimony, and tangible evidence- like photos or medical records. Secondly, that evidence must be sufficient, as judged by the applicable standard, to persuade a jury that the event [e.g a car accident in Baltimore] happened the way the plaintiff said it did.
In a motor vehicle accident trial, the burden of proof is by a "preponderance of the evidence". In other words, that which is sufficient to create an impression in the minds of the jurors that it is more likely so than not so. This is actually a two-step process. The level of proof must be legally sufficient [ i.e. a judge determines that a reasonable jury could conclude plaintiff carried the day], and it must, in fact, persuade the jury that plaintiff is entitled to recover. The seasoned Baltimore personal injury lawyer knows that juries are instructed that if they find the evidence presented to be evenly balanced, they must find against the plaintiff.
-This Article was updated by Eric Kirk on 6/24/19.