What Is the Burden of Proof in a Denver Personal Injury Case? 2024

In a personal injury case, it is vital that certain elements be proven with physical evidence. Those elements may include negligence, malicious intent, reckless endangerment, and more, depending on the case at hand. Throughout every case, the burden of proof rests with the plaintiff and their attorney. They must prove that the defendant’s actions led to their injuries and the damages they’re requesting. You may be asking, “What is the burden of proof in a Denver personal injury case?”

The Burden of Proof in a Denver Personal Injury Case

Under Colorado state law, the burden of proof in a civil case rests with the plaintiff. However, unlike in a criminal case, they do not have to prove the defendant’s guilt beyond a reasonable doubt. A civil trial does not result in criminal charges, and the defendant will not go to prison at the end of a civil trial. In a civil case, the plaintiff only has to prove the defendant’s guilt through a preponderance of evidence.

What Is a Preponderance of Evidence?

To succeed in a civil case, including a personal injury case, the plaintiff’s claims must be considered more than likely to be true. This is known as a preponderance of evidence.

Essentially, this means that the plaintiff has to prove that the defendant is at least more than half at fault for the plaintiff’s injuries. If the plaintiff’s lawyer is unable to prove more than half of the defendant’s guilt, they have not met the preponderance of evidence.

However, just because the plaintiff does not have to prove absolute guilt does not mean that the quality and abundance of evidence proving negligence or malicious intent has to decrease. The evidence that the plaintiff presents against the defendant must be clear and convincing. Otherwise, the court may rule in favor of the defendant, whose personal injury attorney may be able to poke holes in your case and your evidence.

What Kind of Evidence Can Help My Case?

Generally, any evidence that supports your claim of negligent behavior leading to your personal injury can help your case. An experienced personal injury lawyer can help you gather that evidence by launching their own independent investigation into the events of your case. Here are some of the different kinds of evidence that may be helpful:

• Physical Evidence: Physical evidence can consist of items relevant to your case, such as a totaled car, a weapon, or some of your damaged property. Anything that can be used to demonstrate how exactly the defendant injured you can be considered physical evidence, and it could be an important piece of your case.
• Testimonial Evidence: Testimonial evidence can consist of statements made by relevant witnesses who testify to the accuracy of their statements under oath. Witnesses can be a significant help to your case, especially if they are reliable citizens with no past history of criminal activity. The more witnesses you have to your injury, the easier it will be to prove the facts of your case.
• Documentary Evidence: Documentary evidence can consist of written records and documents that may be relevant to your case. In a personal injury case, medical records, repair receipts, and threatening messages could be considered significant documentary evidence.

FAQs

Q: Which Injuries Are Hard to Prove?

A: Typically, any injury that is not physically visible to the naked eye can be difficult to prove, such as internal trauma and bruising. In addition, any injury that was not documented by camera footage or witnesses can be very difficult to prove. In these cases, you may not have much evidence that the accident happened there or that it happened at all. In cases involving premises liability, you may have to prove not only where the accident happened but also that it happened because of negligence.

Q: What Is the Burden of Proof in a Personal Injury Case?

A: In a personal injury case, the burden of proof lies with the plaintiff who is claiming that their accident was caused by the defendant’s negligence. It is up to the plaintiff and their legal team to prove negligence using enough evidence to convince the court of the defendant’s guilt. In a civil case, you do not need to prove the defendant’s culpability beyond a reasonable doubt. You only have to prove that their guilt is the most likely reason behind the accident.

Q: Do I Need a Lawyer for a Personal Injury Case?

A: Technically, you do not need to hire a lawyer for a personal injury case. It is perfectly legal for you to build your case yourself and attempt to pursue compensatory damages from the liable party all on your own. However, it is highly recommended that you retain an experienced personal injury lawyer. Having someone on your side who knows the ins and outs of personal injury law can only help your case.

Q: How Much Is My Case Worth?

A: It can be difficult to immediately know how much your case may be worth. Every case is different, and the settlement amount will reflect different factors that are unique to every individual case. Your medical expenses, lost wages, emotional distress, pain and suffering, property damage, and the cost of any future medical care or earning capacity will all be taken into consideration when determining the value of your case.

Reach Out to an Experienced Personal Injury Lawyer Today

In a Colorado personal injury case, the burden of proof lies with the plaintiff and their attorney. If you are trying to pursue compensatory damages, you will want a reliable attorney who can help you gather the evidence necessary to win your case. The legal team at Cheney Galluzzi & Howard can provide you with sound legal counsel through the process, help you develop your case, and represent your interests in court if it comes to that.

We are here to help you get what you deserve. Contact us to schedule a consultation with a valued team member and learn more about what we can offer you and your case.