Switch to ADA Accessible Theme
Close Menu
South Jersey Slip, Fall & Dog Bite Lawyer > Blog > Personal Injury > What is the Burden of Proof in a Personal Injury Case?

What is the Burden of Proof in a Personal Injury Case?


The burden of proof is something that is used in both personal injury cases and criminal cases. It is necessary to show that the allegations one party is making against another are true or likely true. This can be done by providing substantial evidence to support one’s claims.

When it comes to filing a personal injury claim, it is the claimant’s job to show that they suffered compensable damages such as pain and suffering or medical expenses, for example. They also have to prove that their damages resulted from the negligent actions of the defendant. The burden of proof is on the plaintiff because they are the entity or individual that is filing the claim. It is necessary to make sure that claims brought are legally valid and that legal decisions that are made are based on factual information and evidence, which is why the burden of proof is critical to any claim.

If you have been injured in an unintentional injury accident and would like to file a claim, it is better to get started as soon as possible. Gathering evidence early to prove your damages gives you the advantage. Also, when you don’t wait too long, you are less likely to miss the statute of limitations for filing your claim. When you miss the statute of limitations, it doesn’t matter how much evidence you have, your claim will likely be thrown out by the courts, and you will be unable to obtain the compensation you need for your losses.

Filing a claim can be tricky and confusing. There are many steps to take and rules to follow. A South Jersey personal injury lawyer at Monaco Law PC can help you when you are ready to start the claims process.

Evidentiary Standard for the Burden of Proof in a Personal Injury Claim 

Personal injury claims are civil actions, meaning that their end goal is to secure financial compensation to recoup the losses one suffered from their accident. By contrast, criminal cases are a means to punish a person for egregious and unlawful activities when they are found guilty.

As a result, the burden of proof can be fairly low in a civil suit or for a personal injury claim. That is, depending on the evidentiary standard that is needed. In a civil case, there are two evidentiary standards that could be used:

  1. The preponderance of the Evidence

The preponderance of the evidence standard is the lowest burden of proof that a claimant has to show in a civil case. Usually, this standard is needed to be met in typical civil cases where the goal is obtaining financial compensation. Here, the evidence only must show that it is likely, or there is over a 50% chance that the allegations made in the claim are true.

2. Clear and Convincing

A clear and convincing standard is one that can be used in both criminal and civil cases. Here, it must be shown that the allegations are substantially more likely than not to be true. When civil suits are made for intangible outcomes, such as a workplace discrimination case, clear and convincing evidence must exist.

Speak to a South Jersey Personal Injury Attorney Today 

For help with a civil suit like a personal injury claim in Pennsylvania or New Jersey, please call our South Jersey personal injury attorney at Monaco Law PC to schedule a free initial consultation at (609) 277-3166 for our New Jersey office and (215) 546-3166 for our office in Pennsylvania.

We are a New Jersey and Pennsylvania personal injury law firm serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County, and all of South Jersey.

Facebook Twitter LinkedIn