Burden of Proof 

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If you were hurt in an accident and want to seek compensation, you must prove that someone else was legally responsible. This is where the burden of proof comes in. In every personal injury case, the person bringing the claim must prove certain facts to succeed. These rules determine how much evidence you need, who has the duty to prove it, and how strong your case has to be.

Understanding this burden is key to building a successful claim and recovering money for your injuries, lost wages, medical bills, and pain and suffering. In this article, we’ll explain how the burden of proof works in Washington State personal injury law and how an attorney can help you meet it.

Who Has the Burden of Proof?

In civil cases, including personal injury claims, the person who files the lawsuit is called the plaintiff. Generally speaking, the plaintiff has the initial legal burden to prove their claim. The other party, called the defendant, does not need to prove they were not responsible. Instead, they may simply respond to the claims and challenge the evidence.

If you were injured in a car accident, a slip and fall, or some other incident, it’s your job to prove that the other party caused your injuries and that you suffered damages. If you can’t do that, your case will likely be dismissed or denied.

What Is the Standard of Proof?

The standard of proof in personal injury cases is by a “preponderance of the evidence.” That means your evidence must show that it is more likely true than not, about a 51% or more likelihood. 

This is a lower standard than what is used in criminal cases. You do not have to prove your claim beyond a reasonable doubt. However, you must still bring evidence that meets this civil legal standard.

What Must You Prove in a Personal Injury Claim?

Most personal injury claims in Washington are based on negligence. 

To win your case, you must prove four main elements:

• The defendant owed you a duty of care
• The defendant breached that duty by acting carelessly or failing to act
• That breach caused your injuries
• You suffered damages, such as medical bills or lost income

Each of these elements must be supported by enough evidence to meet the burden of proof. If any part of your case is weak or missing, you may not be able to recover any compensation.

Types of Evidence That Can Help You Meet the Burden of Proof

Evidence is critical in any personal injury case. You need to support your version of events with proof. 

Useful types of evidence include:

• Photos or video from the scene
• Witness statements
• Police or incident reports
• Medical records and bills
• Expert testimony from doctors or accident reconstruction specialists
• Proof of lost income, such as pay stubs or employer letters

The more evidence you have, the stronger your case will be. Even though you only need to prove your claim is more likely than not, the defense will try to weaken your argument. Your attorney’s job is to ensure the evidence supports each required element.

What if I’m Being Blamed for My Accident?

Washington follows a rule called pure comparative negligence. Under this rule, you can still recover damages even if you were partly responsible for the accident. However, your award will be reduced by your percentage of fault.

If you are found to be 25% at fault and your damages total $100,000, you can still recover $75,000. But if you are 80% responsible, you can only recover $20,000. This makes it even more important to present strong evidence and fight back against blame from the other side.

What Happens if I Can’t Meet the Burden?

If you cannot meet the burden of proof, your case will not succeed. Even if your injuries are serious, you won’t recover money unless you can show that the other party caused them. The court or insurance company may deny your claim if your evidence is weak or incomplete.

In many cases, the defense will argue that your injuries were caused by something else or that you were responsible. If they raise doubts about your evidence, it can hurt your case. That’s why working with a skilled personal injury lawyer is so important.

Contact Our Seattle Personal Injury Lawyers for a Free Consultation

Understanding the burden of proof is essential to winning your case and recovering the money you need. If you’re not sure how to prove what happened or whether you have a valid claim, talking to a Seattle personal injury lawyer is a smart first step.

At Davis Law Group Car Accident & Personal Injury Lawyers, we have the experience and resources to help you build a strong case. A local attorney in Washington State can explain your rights, gather the evidence needed, and fight to hold the at-fault party accountable. 

Contact us to schedule a free consultation today at (206) 727 4000 to learn more about how the process works and what you can expect in your case.