Even if it’s your first time filing a civil claim, there’s a good chance you’ve at least heard the term burden of proof. The term is used on almost every popular legal show and it also pops up in news stories covering headline-making trials.
However, recognizing it as a legal term isn’t the same as understanding the concept of preponderance of evidence. If you’re getting ready to file a civil claim, it’s something you’re going to want to understand.
Defining Burden of Proof
As the plaintiff in the civil case, this means you’re filing the claim and the burden of proof falls on you. In other words, the defendant isn’t required to either prove or disprove the possibility their actions led to your accident.
To move forward with your civil case, which hopefully means receiving compensation for your injuries, your burden of proof includes presenting a preponderance of evidence. What is a preponderance of evidence? In simple terms, it means proving that, more likely than not, the defendant’s actions caused the accident and your subsequent injuries.
The preponderance of evidence is a little different than the burden of proof required in criminal cases. Instead of showing beyond a reasonable doubt, your civil case only needs to show the accident most likely wouldn’t have occurred if the defendant had acted reasonably. An example is a red light accident. If the defendant had stopped at the red light, the collision resulting in your injuries probably wouldn’t have occurred.
Colorado statutes also allow for a little more leeway in civil cases like personal injury claims. Since Colorado is a modified comparative negligence state, you can still file a civil claim for damages even if you’re partially responsible for the accident. As long as you’re not more than 50% responsible for an accident, you can file a civil claim.
However, even though you’re not proving your claim beyond a reasonable doubt you still need to meet the key elements that make up the burden of proof.
Elements of Burden of Proof
To meet the burden of proof requirements in a civil case, you need to prove negligence, and there are four elements: negligence, duty, breach, causation, and damages.
The four elements are tied together which can make it easier to address each one. If you can’t prove negligence then your civil case is missing its preponderance of evidence.
Duty
Also known as duty of care, this is the first element of negligence. You must show the defendant owes you a duty of care. This simply means the defendant is legally required to act in a manner that doesn’t place others at risk. Examples include a physician is obligated to refrain from harming a patient. Drivers must obey all traffic laws to help ensure they’re not endangering other motorists.
Breach
A breach of duty means showing the defendant failed to demonstrate a duty of care. You must show the defendant’s actions are not those of a reasonable person. Running a red light is an example of a breach of duty. Reasonable drivers will come to a full stop at a red light instead of barreling through the intersection.
Causation
This is the third part of negligence. You’ve established the defendant has a reasonable duty of care that they didn’t meet. Now, it’s time to prove their actions caused your injuries. Remember, you don’t need to prove beyond a reasonable doubt. This isn’t a criminal proceeding. You only need to show there’s a likely chance the defendant’s actions resulted in the accident.
Using the red light scenario, there’s a chance you may still be involved in an accident regardless of the defendant’s actions. However, the likelihood is greater that your accident is the direct result of their behavior.
Damages
The fourth and final element of negligence is proving your damages result from the defendant’s breach of duty. Your damages can include everything from injuries, property repairs, lost wages, and mental anguish.
Yes, you can often list both economic and non-economic damages in a civil case. However, before you start creating an extensive list, you need to show proof.
Proving Damages in a Civil Case
Going into civil court with a cast on your arm doesn’t count as proof of damages. Yes, you may have a broken arm, but the cast doesn’t indicate when or how the injury may have occurred. So, what counts as proof of damages? Get ready to start saving a lot of paperwork.
Proof of the Accident
Before you can get very far with a personal injury claim, you need to prove the accident occurred. This is when your accident report becomes crucial. Your police accident report verifies the incident occurred. The report may even indicate fault, which is something else you need to prove in most civil cases.
The report lists the date and time of the accident, along with its location. You should be able to get a copy of your accident report around seven days after the incident occurred.
Medical Records
If you want to seek compensation for your injuries, you need your medical records. Even if you don’t need an ambulance ride after the accident, you still want to make an appointment with a licensed physician. Some injuries can take a few days to start showing signs and symptoms. Along with being proactive about your health, your medical records also provide proof of your injuries.
You also want to hang onto any receipts for medical bills, including prescriptions, you may have paid. You can seek reimbursement from the defendant. If you’re seeking non-economic damages like pain and suffering, your medical records can also help you calculate the expenses.
Property Damage Estimates
Not all civil cases include property damage. However, if this is part of yours save all bills, along with any repair or replacement estimates.
To help move things along a little faster with the insurance provider, it’s a good idea to get more than one estimate. Insurance adjusters often like having choices, especially when paying out a civil claim.
Get Help with Your Civil Case
Even though the standard of proof in civil cases only requires a preponderance of evidence rather than proof beyond a reasonable doubt, partnering with an experienced attorney remains crucial.
They have all of the expertise and insight necessary to navigate the complexities of the legal system, advocate effectively on your behalf, and maximize your chances of achieving a favorable outcome.
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