If you’ve been injured because of someone else’s negligence in Louisiana, you may be thinking about filing a personal injury claim. Whether it’s a car accident, workplace accident, or other incident, holding the at-fault party responsible requires more than simply making an accusation. You must meet what’s called the burden of proof in order to succeed.
The burden of proof is one of the most important legal concepts in personal injury law. It determines which side must prove certain facts, and to what degree those facts must be proven. Here’s what you need to know about how this concept works under Louisiana law.
What Is the Burden of Proof?
The burden of proof refers to the legal responsibility to prove the elements of a claim or defense. In a Louisiana personal injury case, the injured person, also called the plaintiff, carries this burden. That means it is up to the plaintiff to present evidence that proves the defendant is legally responsible for the injuries.
The burden of proof is not the same in every type of case. In criminal cases, for example, the government must prove the defendant’s guilt “beyond a reasonable doubt.” In civil personal injury cases, including those in Louisiana, the burden of proof is by a “preponderance of the evidence,” which is a lower standard.
What Does “Preponderance of the Evidence” Mean?
In simple terms, preponderance of the evidence means that it is more likely than not that the defendant caused the injury. Think of it as tipping the scales, meaning if your evidence makes it 51% likely that the defendant is responsible, you meet the burden of proof.
You do not need to prove your case with absolute certainty. But you do need to present enough credible evidence to show that your version of events is more believable than the defendant’s version.
What Must You Prove in a Louisiana Personal Injury Case?
To win a personal injury lawsuit in Louisiana, you must usually prove the following legal elements of negligence:
- Duty of care: You must show that the defendant owed you a duty to act with reasonable care. For example, drivers have a duty to follow traffic laws and keep others safe on the road.
- Breach of duty: You must prove that the defendant failed to meet that duty. This is often called negligence. Examples include speeding, ignoring hazards, or failing to maintain a safe property.
- Causation: You must demonstrate that the defendant’s breach of duty directly caused your injuries. Proximate cause must also be satisfied.
- Damages: Finally, you must prove that you suffered actual damages as a result. These can include medical bills, lost wages, pain and suffering, and other losses.
If you fail to prove even one of these elements by a preponderance of the evidence, your claim will likely be unsuccessful.
Evidence That Can Help Meet the Burden of Proof
Strong evidence is the key to meeting the burden of proof in a Louisiana personal injury claim.
While every case is different, common types of evidence include:
- Witness statements: People who saw the accident can describe what happened and support your version of events.
- Police or accident reports: These reports can help establish fault and document important details.
- Medical records: Detailed records of your injuries and treatment help show that your injuries were caused by the accident.
- Photographs or videos: Visual evidence of the accident scene, vehicle damage, or injuries can be very persuasive.
- Expert testimony: In complex cases, expert witnesses, such as doctors or accident reconstruction specialists, can help explain how the accident happened and how it caused your injuries.
An experienced Louisiana personal injury lawyer can help you gather this evidence and present it effectively.
Comparative Fault and the Burden of Proof
Louisiana follows a pure comparative fault law. This means that if you are found to be partially responsible for your own injuries, your compensation will be reduced by your percentage of fault.
However, the defendant must prove that you were partially at fault. In other words, when it comes to the issue of comparative fault (or any other affirmative defense that they might raise), the burden of proof shifts to the defendant. They must present evidence showing how your actions contributed to the accident.
You can still recover damages even if you share some of the blame, but your final award will be reduced accordingly.
Contact Our Gretna Personal Injury Lawyers for a Free Consultation
You may be entitled to substantial compensation if you were injured in an accident in Louisiana. However, proving your case and meeting the burden of proof takes experience, strategy, and a thorough understanding of the law.
Our experienced Gretna personal injury attorneys at Law Office of John W. Redmann, L.L.C. can guide you through the process and fight to help you recover the full compensation you deserve. If you have questions about your case or how the burden of proof works, contact us today at (504) 384-8053 for a free consultation.