When trying a case, whether civil or criminal, there must be enough evidence to meet the “burden of proof.” You have likely heard the burden of proof in criminal cases referred to as “proof beyond a reasonable doubt.” In civil cases, the burden is different, and plaintiffs must prove their claims by a “preponderance of the evidence.”
To prove your claims by a preponderance of the evidence, we must show how it is more likely than not that the defendant is liable for your damages. This is a somewhat lower burden of proof than in criminal cases, but it is still challenging to meet. The plaintiff always starts with the burden of proof, and defendants may not have to prove anything at all, depending on the legal arguments they make in court. Plaintiffs might have additional burdens to meet if they claim certain damages, and our legal team is ready to help you.
For a free review of your case, call our South Carolina personal injury attorneys at Rice Law at (803) 219-4906.
What is the Burden of Proof in Civil Cases?
In a civil personal injury case, the plaintiff bringing the case must prove their claims by a preponderance of the evidence. Put another way, we must prove it is more likely than not that the defendant is liable for your damages. This sounds like a simple burden to satisfy, but it may be more challenging than you first think.
First, our South Carolina personal injury attorneys should consider how much evidence is needed to meet the burden of proof. This is difficult to say, as the answer to this question varies in every case. Not only that, but only the jury gets to decide whether we have met the burden of proof. As such, it is best to approach the case with as much evidence as possible.
You should take note that it is not easy to meet the burden of proof, nor is it meant to be. While a preponderance of the evidence is not the highest burden of proof, it is still challenging to meet, and not every plaintiff is successful.
Who Has the Burden of Proof in a South Carolina Civil Case?
The plaintiff almost always has the burden of proof. However, there are sometimes different burdens that arise within the same case, and the burden may be shifted from one party to another in certain circumstances.
In general, the plaintiff in a personal injury case has the burden of proving their claims by a preponderance of the evidence. The defendant has no burden of proof and is not required to introduce any evidence if they choose not to. Essentially, plaintiffs must present evidence, and defendants need only undermine it.
As said before, in special circumstances, the defendant may have a burden of proof, but this is not in every case and often depends on the arguments the defendant plans to make in court. For example, if the defendant raises an affirmative defense, they have the burden of proving it. An affirmative defense may negate all liability if successful. Common examples include alibis, self-defense, and lapsed statutes of limitations.
Other Types of Burdens of Proof in South Carolina Personal Injury Cases
Depending on our legal strategy and your claims for damages, we may encounter additional burdens of proof. Remember, not every case involves these burdens, and you should talk to your attorney about your claims before moving forward.
In certain situations, we may have to prove claims by “clear and convincing evidence.” This burden often comes up when claiming certain damages, like punitive damages. This is a higher burden than a preponderance of the evidence and is often very difficult to meet. Essentially, clear and convincing evidence requires a much higher degree of certainty to be successful.
This and other additional burdens of proof are necessary to prove specific claims within your case, but they are not necessary to prove the case overall. For example, suppose we fail to prove claims for punitive damages by clear and convincing damages. In that case, we may still prove your overall claims for personal injuries, and you may still be awarded compensatory damages.
How Do You Know if You Have Enough Evidence to Meet the Burden of Proof?
It may be challenging to determine whether we have sufficient evidence to meet the burden of proof. Not only may the evidence vary from case to case, but it is not up to us to decide whether the burden is satisfied.
In short, our evidence should outweigh the defendant’s. During the discovery phase, we may exchange evidence with the defendant and learn how they plan to approach the case. Sometimes, we might realize our evidence outweighs theirs. At other times, we may need to collect more evidence to build a stronger case.
Even if the defendant does not present evidence, the plaintiffs do not automatically win the case. Our evidence must be compelling enough to convince a jury that the defendant is liable.
We may explore various methods of gathering evidence, including depositions, interrogatories, requests for the production of documents and records, and others.
There is no way to know for sure that we have met our burden of proof until the jury returns with a verdict. Personal injury cases can be a bit of a risk this way, as you never really know whether you have a winning case until the very end.
How to Try to Meet the Burden of Proof in Personal Injury Cases
We should prepare to meet our burden of proof by thoroughly assessing the accident and your injuries. How did the accident occur? How badly were you injured? What expenses did you incur because of the accident?
Once we understand your injuries and the accident, we must determine what evidence is necessary and where to find it. We may speak with witnesses, collect physical evidence, and review records related to the case. Again, the evidence we use to meet our burden depends on what is available, which varies from case to case.
Ask Our South Carolina Personal Injury Attorneys for Help Today
For a free review of your case, call our Columbia, SC personal injury attorneys at Rice Law at (803) 219-4906.