Car crashes are among the most popular cause of death in the United States at an unprecedented number. When you or a loved one is seriously injured in a car accident as a result of another driver’s negligence, you have the legal right to claim financial compensation for your damages and injuries in Massachusetts. In most cases, the victim must demonstrate that the claims made are real or, at the very least, likely to be true. Different sorts of incidents necessitate different proof requirements.
When a personal injury claim is filed in Massachusetts, it is the plaintiff’s or injured person’s burden to show his or her case. The plaintiff must provide proof that the defendant is responsible for the plaintiff’s injuries. The legal principle of negligence is involved in the majority of car accident situations.
Understanding Burden of Proof
You might have heard the word “burden of proof” in a Hollywood movie or a crime novel, but you might not know what it means. You’ve always heard the legal term “beyond a reasonable doubt” as well. The prosecution argued the accused’s guilt beyond a reasonable doubt in a criminal trial. This bears the burden of proof in this case on the prosecution.
What is the difference between civil and criminal proof?
As previously said, the judge or jury in a criminal case must have no question about the defendant’s guilt. They are not expected to find them guilty if they have any doubts. A preponderance of the facts determines guilt in a civil trial. To put it another way, the jury can determine that the individual is more likely than not responsible for the injury. They may have reservations, but if the evidence points to guilt, they are likely to convict the defendant.
In Massachusetts, the burden of proof is on the plaintiff in such cases. In a car accident case in Massachusetts, the burden of proof is defined as “preponderance of the evidence.” This principle essentially states that the plaintiff must show that his or her argument is more likely than not true. In contrast to criminal trials, where the defense must prove their case “beyond a reasonable doubt,” this burden is less onerous. This plaintiff must show that at least 51% of the proof supports his or her position. If the plaintiff cannot prove his or her case by 50 percent or more, then the plaintiff loses and the jury will return a verdict for the defendant.
It is your responsibility to show that your injuries were caused by someone else’s negligence. The legal responsibility for an accident is also determined by witness statements, admissions of guilt, the site of property damage, or an accident investigation. It’s possible that you’ll have to show that your injuries are genuine. It’s not difficult to do if you have medical records, pictures, and receipts to back you up.
Contact with a Massachusetts Car Accident Lawyer.
If you or someone you love has been involved in a car accident, you need the assistance of an experienced car Boston Accident Attorney at Bellotti Law Group P.C., no matter how minor or serious you believe the injury is.
Add Comment