In order to get compensation in a personal injury case, Maryland victims must meet the burden of proof. Fail to do so, and you may be unable to recover the damages you need to heal after an accident.
In a Maryland personal injury lawsuit, a victim must prove that it is more likely than not that a defendant caused their injuries. Meeting this burden of proof is essential to recover damages in a Maryland personal injury lawsuit, but it is not easy. To help prove a defendant’s fault, victims should create evidence of an accident and their injuries and keep any records detailing their losses. With an experienced attorney in your corner, you can meet the burden of proof for your personal injury claim and recover the damages you deserve against a defendant.
We’re here to help injured victims hold negligent parties accountable. For a free case evaluation with the Maryland personal injury lawyers at Rice, Murtha & Psoras, call today at (410) 694-7291.
What is the Burden of Proof in a Maryland Personal Injury Lawsuit?
Before you can recover compensatory damages in a Maryland personal injury lawsuit, you must first meet the burden of proof. Proving a defendant’s fault in a civil case is not the same as proving a defendant’s fault in a criminal trial. While you may be familiar with the term “beyond a reasonable doubt,” that’s not the same standard you need to meet to succeed in a Maryland personal injury lawsuit.
In Maryland, the burden of proof standard for personal injury claims is lower than that of criminal trials. Personal injury lawsuits adhere to a preponderance of the evidence standard. So, instead of proving a defendant’s fault beyond a reasonable doubt, you must prove that it’s more likely than not that a defendant’s negligence caused your injuries.
At first, Maryland victims may think that meeting this burden of proof is a simple task. While it’s true that the standard is lower than that of a criminal trial, it still must be met. Meeting the burden of proof is necessary if you wish to recover compensatory damages against a negligent party. You must still provide evidence that convinces a judge or jury that there is a greater than 51% chance that a defendant acted negligently and caused your injuries. With your access to compensation on the line, this lower burden of proof standard is nothing to scoff at. Because of that, victims should hire an experienced Baltimore personal injury lawyer. Your attorney can help you understand the burden of proof for your personal injury claim and how to meet it.
How to Meet the Burden of Proof in a Maryland Personal Injury Case
Although the burden of proof for Maryland personal injury claims might seem easy to meet, that’s not necessarily true. Failure to meet the burden of proof, or grasp the importance of meeting it, can jeopardize your compensation claim. To avoid that, Maryland victims should learn what goes into meeting the burden of proof in personal injury lawsuits.
Create Evidence
Creating evidence is often the first step in meeting the burden of proof for a personal injury claim. Maryland accidents are not always documented unless a victim takes the initiative. For example, your employer might not create a record of a workplace accident without provocation. Similarly, a negligent driver might be less inclined to call the police after seeing the damage they have caused you. Unfortunately, it often falls on Maryland victims to create the necessary evidence and report their injuries.
If you’re unsure what to do after an accident, reach out to an Ocean City personal injury lawyer. Your attorney can help you inform the necessary parties of your injuries, like the police and medical professionals, so that you create documentation of a Maryland accident. The initial reports and medical records created immediately after an incident can be vital evidence in a lawsuit for compensation and help Maryland victims meet the burden of proof.
Keep Records
A key element in proving a defendant’s fault in a Maryland personal injury lawsuit is proving that they caused you to incur real damages. In order to achieve this, Maryland victims should keep records of their losses as proof of damages. In the weeks and months following an accident, you may miss work and have countless visits with doctors or specialists. You may incur out-of-pocket expenses due to a negligent party’s actions that begin to add up. Any bill or document that outlines your financial losses after an accident is essential to keep. Together, these records can act as proof of damages, allowing you to show the impact a negligent party has had on your life.
Victims’ losses extend past medical bills and lost paychecks. Your Maryland personal injury lawyer may advise you to keep a journal or seek help from a therapist in the weeks and months after an accident to demonstrate your need for non-economic damages. Be sure to keep records and notes that indicate any emotional distress after a Maryland accident as well.
Hire an Attorney
After an accident, it may be obvious to you who caused your injuries and how they did it. Unfortunately, it’s not enough to know that a negligent party injured you; you have to prove it. While meeting the burden of proof for a personal injury claim might seem simple, it is anything but. Without an experienced Silver Spring personal injury lawyer by their side, victims may be less likely to appreciate which evidence and arguments are necessary to meet the burden of proof in their lawsuit.
Navigating personal injury claims can be challenging for victims, especially those healing from serious injuries. When you hire a skilled attorney, they can help you meet and surpass the burden of proof to recover the economic and non-economic damages you need to heal.
Call Our Lawyers About Your Maryland Personal Injury Case
If you recently sustained injuries due to a negligent party’s actions, our attorneys can help. For a free case evaluation with the Towson personal injury lawyers at Rice, Murtha & Psoras, call today at (410) 694-7291.