Understanding the Burden of Proof in Kentucky Personal Injury Cases

If you have suffered an injury due to the negligence of another party, you have the right to file a personal injury claim and recover compensation for your injuries and damages. Before filing a personal injury claim, it is vital that you understand the concept known as the “burden of proof.” Understanding how the burden of proof works can help you navigate your claim effectively. Read on to learn about the burden of proof in Kentucky personal injury cases.

What Is the Burden of Proof?

“Burden of proof” is the obligation of a party to prove their claims or defenses in a legal dispute. Many people are familiar with the term “burden of proof” from criminal cases. In a criminal case, the prosecutor or state has the burden of proving the accused’s guilt. In a Kentucky personal injury case, the burden of proof falls on the claimant or the person seeking compensation for their injuries and damages. The claimant needs to provide enough evidence to prove their claims are true. In other words, as the claimant, you must provide sufficient evidence to show the defendant is liable for your injuries and damages.

The Standard of Proof in Kentucky Personal Injury Cases

Most people assume the terms “burden of proof” and “standard of proof” mean the same thing. While these two terms are related, they mean different things. The standard of proof is the level or degree of proof demanded in a legal case. It dictates how convincing the evidence must be to meet the burden of proof. Many people know the “beyond a reasonable doubt” standard that applies to criminal cases. In a criminal case, the prosecutor or state must prove the defendant’s guilt beyond a reasonable doubt. The “beyond a reasonable doubt” standard is the highest standard of proof. In a Kentucky personal injury case, the burden of proof is not as high as in criminal cases. You don’t need to prove your case beyond a reasonable doubt. Instead, the evidentiary standard in a personal injury case is a “preponderance of the evidence.”

With the preponderance of the evidence evidentiary standard, you are required to prove that your version of events is more likely true than not true. The preponderance of the evidence evidentiary standard requires you prove there is at least a 51% chance the defendant is liable for your injuries and damages. If your evidence tips the scales even slightly in your favor, you have met the burden of proof.

While the burden of proof in a Kentucky personal injury case is not as high as in a criminal case, you still need to be able to provide enough evidence to prove your case. This means gathering medical records, witness statements, accident reports, photos, videos, and other relevant evidence to demonstrate the defendant’s actions caused your injuries. It is vital to build a strong case, as failing to meet the standard of proof can lead to your claim being dismissed.

Contact a London and Southeast Kentucky Personal Injury Attorney

Our London and Southeast Kentucky personal injury attorneys at Cessna & George Law Firm can help you meet your burden of proof and recover the compensation you deserve for your injuries and damages. Contact us today to schedule a consultation and discuss your case.