Proving a Preponderance of Evidence

Texas Personal Injury Attorney Michael Grossman Explains Preponderance of Evidence

In a personal injury lawsuit, the plaintiff (accident victim) has the burden of proof. There are several things that a plaintiff must prove (their attorneys do the actual work) to the jury.

The standard of proof that a plaintiff is burdened with, is known as the preponderance of evidence. This phrase essentially means that the plaintiff must prove that his or her claims are true and believable for all intents and purposes. That is to say, that his claim is more than likely accurate. This is considerably different than the standard of proof in a criminal case where the state has an obligation to prove that the defendant is guilty beyond a reasonable doubt.

For a personal injury lawsuit to be successful, the plaintiff must be able to demonstrate that:

• They were owed a legal duty
• That duty was violated
• That violation was the proximate cause of their injury
• That they incurred damages as a result of that violation

Legal Duty Owed and Violated

In a broad sense, we all have a legal duty to ensure that our actions do not cause harm to those around us, such as when we drive a car we must do so in a safe manner. Often times, people are owed more specific legal duties. For example, a drinking establishment owes a legal duty to us all to ensure that their patrons do not endanger the public by way of being served to the point of intoxication. Another example of a more specific legal duty is an employer's duty to ensure the safety of their employees by providing a workplace free from safety hazards.

The plaintiff has the obligation to prove that the defendant owed them a legal duty and that it was violated. To do this, the plaintiff's attorneys will cite the specific statutes and case law that are relevant to the incident in order to prove to the jury that such a violation occurred. This is further corroborated with physical evidence, witness statements, expert reports, etc.

Proving Proximate Cause

A proximate cause is, by definition, an event sufficiently related to an injury to be held the cause of that injury. It is not necessarily the event immediately preceding the injury, nor the first in a chain of events leading to an injury. It is simply an event, without which, the injury would not have occurred. In a car accident in which the defendant was at fault, it can be relatively easy to show that the collision was the proximate cause of an injury. But in a defective drug case, for example, it may take the testimony of a medical professional to establish a causal link between the taking of the drug and the plaintiff's subsequent injury.

In any event, the plaintiff has the burden of proving that the defendant was the proximate cause of their injury. In some cases the defendant is the sole proximate cause, meaning that they were the only contributing factor to the injury. Again, a car accident is a perfect example of this. In other cases, they were one of several contributing factors that resulted in the injury. For instance, a person may sue the manufacturer of an automobile for selling the car with defective seat belts that caused them to suffer an injury. The driver of the other car that hit them may be the reason that the accident happened, but the seat belt defect is certainly a cause of the injury as well.

Proving Damages

Damages are the dollar figure placed on the plaintiff's suffering, and the plaintiff must prove that they incurred damages as a result of the defendant's actions (or inaction). Damages come in many forms but are typically in the form of medical expenses, lost wages, money for pain and suffering and mental anguish, etc.

A primary job of the defense attorneys is to downplay the amount owed to the victim. They attempt to cast doubt on the validity of the plaintiff's claim for damages and the plaintiff has the burden of proving up the damages. Many law firms don't always focus as much effort on this as is necessary. At Grossman Law Offices we use expert witnesses, computer rendering, video evidence & much more to validate the extent of your damages in such a way that a jury can understand in order to ensure that you get the maximum recovery possible. If you or someone you love has suffered a personal injury, call the San Antonio attorneys at Grossman Law Offices today!