When filing your personal injury claim, you will be expected to do more than simply accuse the defendant of being at fault for your accident. Otherwise, it may turn into a case of your word against theirs. Rather, when taking on the role of the plaintiff, you simultaneously take on the responsibility of carrying a burden of proof. Follow along to find out the meaning behind a burden of proof and how a proficient Ontario personal injury lawyer at Merricks Law Group, P.A. can help you fulfill it.
What is the meaning behind a burden of proof in a personal injury claim?
Otherwise known as a preponderance of evidence, a burden of proof is essentially what you need to convince the Toronto court that your claim is true. That is, the following elements of your claim must be proven as true:
- You must prove that the at-fault party (i.e., the defendant) owed you some level of care in the matter at hand.
- You must prove that the at-fault party breached their duty of care by acting negligently in some way.
- You must prove that the at-fault party’s negligent act(s) induced your personal injury accident.
- You must prove that you could not have reasonably avoided your involvement in the accident in the first place.
- You must prove that you suffered bodily injuries and property damages directly due to your involvement in the accident.
How do I adequately fulfill my burden of proof for my claim?
Simply put, the best way to fulfill your burden of proof is to supplement your claim with sufficient, tangible evidence. Most of this evidence can be retrieved while you are still at the scene of your personal injury accident. This is all to say that it is best to fight your instinct to flee the scene as soon as possible, and rather remain put until your burden of proof is mostly met. Without further ado, examples of tangible evidence you may find at the scene are as follows:
- Photos and videos of your bodily injuries, your property damages, and the overall scene of your personal injury accident.
- A copy of the official incident report conducted by the law enforcement officer who responded to your 911 call.
- A copy of the incident report conducted by the property owner or manager present on the premises where your accident took place, if applicable.
- A copy of the surveillance camera footage on the premises or the neighboring premises where your accident took place, if applicable.
- Oral and written testimonies made by witnesses who saw firsthand the events of your accident play out.
- Medical records and bills from your ambulance ride, emergency room visit, and overnight hospital stay, starting on the day your accident occurred.
- A personal journal of how your injuries and damages have affected your quality of life, starting on the day your accident occurred.
If you require immediate legal representation, look no further than a talented Ontario personal injury lawyer. Someone at Merricks Law Group, P.A. will happily work with you.
