Dealing with a personal injury case in Greenville, SC becomes overwhelming. In a personal injury case, the standard of proof is completely different than criminal cases. If you have sustained injuries during an accident, you may be wondering what’s required to obtain fair compensation for your damages.
To succeed in your case, it is essential to know everything about the burden of proof in the case. This means how much evidence you will be needing to strengthen your case and win your claim. In 2019, there were 173,040 preventable injury-related deaths recorded.
The Standard for Negligence & How Our South Carolina Personal Injury Attorney Can Help:
The first thing you should know is what to prove to receive personal injury compensation. The standard of proof in a personal injury case in Greenville, SC will be the evidence to establish the defendant’s negligence. When you prove the negligence, only then you will be entitled to receive compensation. Following things must be fulfilled:
- The defendant owed a duty of care to you.
- By acting unreasonably, the defendant breached this duty of care.
- You suffered injury or damages.
- The injuries were caused due to the defendant’s negligence.
Your attorney will help you in proving all these elements to establish negligence. The failure to prove any one of these can keep you from receiving compensation.
The Burden of Proof:
If you are bringing a personal injury case, then you will have the burden of proof. Legally this is known as preponderance of the evidence. You will have to meet the burden of proof to obtain the required compensation. When you can prove enough then you can attain compensation.
Accident victims are required to show that the defendant owed a duty of care and the breach of this duty of care resulted in your injuries. For this, you will have to provide convincing evidence.
For example, you can prove the defendant knew about a potentially dangerous condition on their property and failed to fix it. Or you can prove that the defendant ran a red light and caused an accident. Your evidence should be persuasive, instead of focusing on the quantity of evidence focus on its quality.
How to Present Evidence?
The plaintiff’s version of the incident should be supported by the proof to meet the evidence burden. Sufficient evidence will be required in the case. Your attorney will help you in gathering the evidence. They can use the following evidence:
- Witnesses testimony (people who saw the incident)
- Expert testimony by reconstructing the incident
- Forensic reports
- Pictures of the accident
- The medical evidence of the injury including a complete medical record
You should always keep your medical bills to quantify the damages you suffered. Your medical records will show the diagnosis and treatment along with the testimony of the doctor. You can receive compensation for lost wages, physical injuries, mental distress, and property damages.
The Burden of Proof for Punitive Damages:
Your injury-related compensation can be increased if you prove that you deserve punitive damages. This adds a new element to your personal injury negligence claim. In this scenario, the burden of proof is different. In the other case, the defendant is liable for the damages. You will have to clearly show through evidence that you are entitled to receive punitive damages.
Punitive damages are rarely given by the jury. These are exceptional exemplary punishments given to the defendant for their outrageous negligence. This compensation is given in addition to your claim. You can prove gross negligence in this case by showing how the plaintiff suffered injuries as the defendant was recklessly driving. If the defendant committed a crime, then there are chances that you may get punitive damages.
Speak to Our Professional Personal Injury Lawyer in Greenville, SC:
Our Greenville personal injury attorneys have years of expertise and knowledge in dealing with a personal injury case. Discuss your case today and get the best legal advice according to your case. We aim to strengthen your case and attain successful outcomes.
Our attorneys will help you at every step. Our attorneys will assist you from gathering evidence, negotiations with the insurance provider, documentation, to filing the claim. We will protect your legal rights while you focus on a healthy recovery. You deserve to be completely compensated for your damages and loss.