What is the Burden of Proof in a Kentucky Personal Injury Case?
If police arrest and charge a person with a crime, he or she has the right to a trial. The prosecution has the burden of proving the charge against the defendant beyond a reasonable doubt. It’s a high burden for the prosecution for a reason. The defendant can lose their freedom through a jail or prison sentence.
When a person files a personal injury claim or lawsuit, the personal freedom of the defendant doesn’t come to issue. That’s because the claimant is seeking money damages. Only civil courts can award money damages. Criminal courts don’t have the authority to do that.
To become eligible for an award of money damages, a personal injury claimant must be able to prove that the person who they are claiming against caused the accident and is liable for their injuries. The burden of proof in that case is different than in a criminal case. He or she must prove their case by a preponderance of the evidence.
What is a Preponderance of the Evidence?
A preponderance of the evidence is a significantly lower burden of proof than beyond a reasonable doubt. When a personal injury claimant preponderates, he or she has shown that their version of the events and damages at issue are more likely true than not true. Although there isn’t any type of a formula, it’s often said that to prove a case beyond a reasonable doubt in a criminal case, the prosecution must overcome the burden by at least 90%. In a civil case for damages, claimants must prove their case by something more than 50%.
Think of that statue of the blindfolded lady holding that scale of justice. Depending on how it tips, a claimant has either preponderated or failed to do so. Being able to preponderate in a Kentucky personal injury case is pivotal for both you and our law firm.
Call an Attorney for More Information on Burden of Proof in Kentucky
If you were injured in an accident, and you believe that we can preponderate in a case that you think was caused by the carelessness and negligence of somebody else, contact us. We’re happy to arrange for a free consultation and case review for you with a dedicated and experienced Kentucky personal injury lawyer from our law firm. We’ll listen to you carefully and answer your questions. If we believe that we can overcome the burden of proof in your case, we’ll advise you of how we might pursue the maximum compensation that you deserve for your injuries and damages. Call (800) 937-8443 today.