If you were seriously injured in an accident due to another party’s negligence, you may be entitled to compensation for your injuries from the at-fault party. However, before you can recover compensation for your damages, you must meet what is known as the burden of proof. This legal concept is the level of evidence that an injured party must have to support its claim. If you cannot fulfill the burden of proof, you cannot hold the defendant financially responsible for your damages. That said, it’s crucial to understand this legal concept to determine what you need to win your case. Please continue reading to learn about the burden of proof in personal injury cases and how our experienced Prince George’s County Personal Injury Lawyers can help you fight for the compensation you need to get your life back on track. 

Who Has the Burden of Proof in a Personal Injury Case?

In a criminal case, the standard of proof is “beyond a reasonable doubt.” To satisfy the burden of proof in a criminal case, the prosecution must prove that the defendant committed the crime in question beyond a reasonable doubt. This burden of proof is the highest legal standard.

A personal injury claim is a civil case. The standard of proof in civil lawsuits is based on a “preponderance of evidence.” Unlike criminal cases, the plaintiff (the injured party) has the burden of proof. This means it’s up to the injured party to present evidence convincing the court that the defendant’s careless or intentional actions have caused their injuries and damages. To fulfill the burden of proof in Maryland, it must be proven that, more likely than not, the defendant was more than 50 percent likely to have caused the accident due to their actions.

It’s important to note that Maryland is a contributory negligence state. Under this doctrine, if a plaintiff’s actions can be shown to have contributed to the accident, this precludes any recovery for damages. Even if the plaintiff is found one percent at fault for the accident, they will face the absolute bar of recovery.

What Are the Key Elements of Negligence?

As mentioned above, in order for an injured party to recover compensation for their damages, they must be able to demonstrate either that the defendant was negligent or that they acted intentionally to cause harm. In Maryland, individuals and businesses have a legal obligation to exercise a reasonable degree of caution and prudence when engaging in actions that could affect others. They must show the same level of care an average person would exhibit under the same circumstances. Therefore, the plaintiff must show that the defendant owed them a duty and failed to uphold it. It must be proven that the defendant failed to exercise reasonable care. Furthermore, they must prove that the defendant’s breach caused their injuries and damages.

Proving negligence may appear straightforward, but it can be quite complex. As such, contacting our legal team is in your best interest. We can help you establish fault and causation to meet the burden of proof in your personal injury case. At Timian & Fawcett, LLC, we are prepared to help you attain the maximum compensation you’re entitled to for your damage. Allow our firm to represent your interests today.