At BB&C, we strive to make sure that our clients understand the area of law we are helping them navigate. The structure of a personal injury case can be confusing and complex but there are three main elements we will need to prove: liability, causation, and damages. Liability is simply proving who is at fault for the wrongful acts that injured you. Causation is proving that the injuries/damages you received were caused by the wrongful act(s) Damages are the potentially multiple ways in which the wrongful acts injured or damaged you. With any personal injury case, there are some terms and concepts that are important to be familiar with. Below we will explore these terms and understand their role in your personal injury case.
- Plaintiff: This is you, the person that is injured in the crash or incident who is pursuing the personal injury claim.
- Defendant: this is the person(s) who you claim caused your injuries. They are sometimes also referred to as the “at-fault party”.
- Insurance Adjuster: This is an employee of the insurance company/ies that manage and decide how the claims are paid.
- Burden of Proof: in every case, the Plaintiff carries a burden of proof – to what extent must a jury believe something has been proven. It is key to note that personal injury law and criminal law are different. “Proof beyond a reasonable doubt” is not the standard for personal injury cases. In a personal injury case, the Plaintiff must prove each element required by a “preponderance of the evidence”. This simply means that a jury must believe it is “more likely than not” that the
- Defendant(s) are at fault for the crash or incident, that you (the Plaintiff) were injured and have damages in a particular amount, and that those damages were caused by wrongful act(s) of the Defendant(s).Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.