The burden of proof refers to the extent to which a party must establish their case in order to prevail in a trial. The burden of proof in a negligence lawsuit is on the injured party — also known as the plaintiff — to demonstrate each element of their cause of action by a preponderance of the evidence.
At West Loop Law and the Law Office of Nhan Nguyen, MD, JD, we know that the burden of proof and other legal concepts are foreign to many accident victims. Our team of competent personal injury lawyers in Houston TX can inform you of your legal rights and make sure your case is treated fairly after being involved in an unexpected car crash or any other type of accident.
The Meaning of a Preponderance of the Evidence
The greater the weight and degree of reliable evidence, the greater the preponderance of the evidence. Another way to put it is that the standard of “more likely than not.” If the jury determines that a fact is more likely than not to be true, they must conclude that it is, meaning that they don’t have to be definite or certain about it.
This concept is similar to the 51% rule. If you believe there’s a 51% chance it is true, then you will discover that it is true. The scales of justice are frequently used to describe the standard. If the scales shift slightly in favor of the truth when you picture all of one side’s evidence for a fact on one side and all of the other side’s evidence against a fact on the other, then it is considered to be true.
Surprisingly, when it comes to the judgment of individual jurors, the “majority wins” criterion of 50% or more does not apply. To compensate for negligence, a plaintiff must have 10 out of 12 jurors agree on each aspect of the claim. Even if the plaintiff receives a smaller majority of jurors (7 out of 12, 8 out of 12, or 9 out of 12), the result is still a defeat.
To ensure that you have the necessary evidence to obtain due compensation, you should consult a qualified Houston personal injury attorney.
The Burden of Proof and Punitive Damages in a Texas Personal Injury Case
You must establish your case with “clear and convincing evidence” in order to obtain punitive damages. The quantity or degree of proof that will establish in the mind of the trier of fact a solid belief or conviction as to the truth of the charges sought to be proven is known as clear and compelling evidence. Punitive damages — also referred to as exemplary damages — have a considerably greater standard of evidence than ordinary negligence due to tort reform reforms in the law.
Punitive damages need a unanimous jury in addition to a greater burden of evidence. This implies that if a single juror does not have a strong opinion or conviction in the truth of the plaintiff’s accusations justifying punitive damages, the other 11 jurors will not be able to award punitive damages.
Houston Personal Injury Lawyers
After being injured in a car crash or some other type of accident, a Houston personal injury lawyer will know how to increase your chances of receiving reasonable compensation. West Loop Law and the Law Office of Nhan Nguyen, MD, JD can investigate your accident and aid you in gathering evidence to demonstrate the extent of your injuries. In addition, your attorney will handle the insurance claims procedure, including meetings with claims adjusters, in order to achieve the maximum possible settlement amount. Your attorney will understand how to negotiate with insurance companies in order to get a fair and comprehensive payment for your losses.
Nhan Nguyen, MD, JD and Nader Rabie, JD are here to advocate for your legal rights after a serious accident.
Call West Loop Law and the Law Office of Nhan Nguyen, MD, JD now at (713) 840-7200 to book a consultation and discuss your case if you or a loved one has been unfairly injured by the actions of another person.
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