Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
When filing a personal injury lawsuit after an accident, proving you have a valid case isn’t just about showing you were harmed. It’s important to meet the legal burden of proof, a fundamental requirement in every personal injury claim. Accident victims who understand this concept—and work to meet it effectively—stand a far better chance of achieving favorable outcomes.
Graves McLain Injury Lawyers, a dedicated team of personal injury attorneys, knows how challenging it can be for victims to prove their claims. We can explain the burden of proof, how it applies in accident cases, and the key steps to help you build a proper legal case.
The burden of proof determines who must prove the facts in a legal case—and how convincingly they must do so. In personal injury cases, the burden falls on the plaintiff. This is the person bringing the lawsuit against a negligent party.
Guilt must be proven “beyond a reasonable doubt” in criminal cases. The standard in personal injury cases is lower. Plaintiffs must prove their case by a preponderance of the evidence.
“In civil lawsuits, the burden of proof requires showing that it is more likely than not that the defendant’s actions caused the plaintiff’s injuries.”
For example, a plaintiff may sue a negligent party after being injured in a motor vehicle wreck. The plaintiff meets the standard if the evidence shows a 51% likelihood that the defendant’s negligence caused the accident.
To meet the burden of proof, accident victims must demonstrate four key elements:
The first step is showing that the defendant owed you a duty of care. This legal obligation depends on the circumstances. For example:
Next, you must prove the defendant violated their duty of care. Examples of a breach include:
It’s not enough to show a breach of duty occurred. To satisfy the burden of proof, you must link the defendant’s actions directly to your injuries. This often requires evidence like medical reports or expert testimony to establish the connection.
Finally, you need to prove the accident caused tangible harm. These damages can include:
Meeting the burden of proof can be complicated. Obstacles you may face include:
Concrete evidence lends your claim or lawsuit credibility. Lack of it can harm your claim. Examples of insufficient evidence include missing medical records or a lack of eyewitness testimony.
Defendants often argue that there’s no proof that a plaintiff’s injuries resulted from the accident. For instance, they may argue a pre-existing condition accounts for a plaintiff’s injuries.
Oklahoma has comparative negligence laws stating that more than one party may be responsible for an accident. Your compensation can be reduced if you’re found to be at least partially at fault for your accident, your injuries, or their severity.
“Under comparative negligence laws, a plaintiff’s recovery may be reduced if they are found partially at fault for the accident.”
Professional legal guidance makes it easier to interpret the burden of proof and present your case effectively.
Substantial evidence is the cornerstone of a successful personal injury lawsuit. Here’s a closer look at the types of evidence that can help:
| Evidence Type | Description | Importance in Proving Case |
| Police Reports | Official documentation of the accident. | Establishes initial facts and fault |
| Medical Records | Proof of injuries and treatment. | Demonstrates physical harm sustained. |
| Witness Testimony | Statements from those who saw the event. | Strengthens credibility of the claim. |
| Expert Testimony | Professional analysis (e.g., doctors). | Explains complex injuries or damages. |
| Photographs/Videos | Visual evidence of accident and damages. | Offers compelling proof for the jury. |
“Studies reveal that lack of clear evidence is the leading cause of failed personal injury claims in the United States.”
It’s the legal obligation to show that the defendant’s actions caused your injuries. You must typically do so by a preponderance of the evidence.
The court may dismiss your case if you fail to meet this standard. Or the court may rule in favor of the defendant.
Gather as much evidence as possible. Potential forms of evidence include police reports, medical records, and eyewitness statements. An experienced attorney can also help build a compelling case.
Yes. Under Oklahoma’s comparative negligence laws, you can recover damages even if you are partially at fault. That said, the amount of compensation you may receive can be reduced by the amount of blame you share for the accident.
Accident victims face a significant challenge in meeting the legal burden of proof. Proving duty, breach, causation, and damages requires careful preparation and substantial evidence. Understanding these requirements is the first step toward recovering the compensation you may be eligible for.
We understand how overwhelming this process can feel at Graves McLain Injury Lawyers. Our team is here to help you gather the necessary evidence, sort through legal complexities, and advocate for the compensation you deserve.
“Proving your case is crucial. Let experienced attorneys guide you through the process to maximize your chances of success.”
While the legal burden may seem daunting, having the proper support can make all the difference. Contact a trusted legal professional to ensure your rights are protected.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
