DO I NEED TO PROVE MY CAR ACCIDENT CASE “BEYOND A REASONABLE DOUBT?”
QUEENS CAR ACCIDENT LAWYERS EXPLAIN: DO I NEED TO PROVE MY CAR ACCIDENT CASE “BEYOND A REASONABLE DOUBT?”
No one plans to be in a car accident, and no one plans to be seriously injured from that motor vehicle accident. Our experienced Queens car accident lawyers know that it can be a confusing and frustrating time for victims and their families. There are often many questions regarding how a victim can recover compensation. One of the most common questions is how to prove a car accident case in New York. Many victims believe they need to prove their case “beyond a reasonable doubt.” But that is not true.
The standard which a person must prove a case is known as the burden of proof or the burden of persuasion. This is the amount of effort of convincing that a party, movant, claimant, or other person must establish to win a cause of action. If the party fails to meet this burden, than the party’s claim fails.
WHAT IS BEYOND A REASONABLE DOUBT?
Most people have heard of beyond a reasonable doubt. This is usually from TV shows or on the news. Many people remember the dramatic closing arguments in the Casey Anthony trial where her lawyer, Jose Baez, emphasized how great and important that standard was by pounding his chest and yelling how every juror must know it to be true in their heart.
This is because beyond a reasonable doubt means that a party must prove their claim to near 100% certainty. That means that the jurors and court believe that the truth is what that party is saying, and the trier of fact (juror or judge) is nearly 100% sure of that. Some legal scholars believe that this standard might be as low as 98%, and is therefore considered to be between 98% and 100%.
This standard is mostly for criminal cases, not civil cases.
WHAT IS THE BURDEN OF PROOF IN A QUEENS CAR ACCIDENT CASE?
The burden of proof or the burden of persuasion that a car accident victim must establish is a “preponderance of the evidence.” This standard means that a victim must prove that it is more likely or than not that his or her rendition of the facts is the truth. That is as low as a 51% level persuasion. This is a much lower and friendly standard to be proven.
Thus, victims of a motor vehicle accident only need to establish that their story and facts are more likely to be true than the defendant. This is the burden for most civil cases.
WERE YOU INJURED IN A QUEENS CAR ACCIDENT? ASK US FOR HELP
Here at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , we understand that victims and their families have questions and need answers. Our experienced Queens car accident lawyers and well-trained staff are here and ready to give you those answers that you need. We have built a law firm around representing victims who have been seriously or catastrophically injured due to the negligence of another. Contact us today for a FREE consultation to learn how we can help protect your rights to compensation under New York law. Call by dialing (718) 275-7779 for a FREE case evaluation or use our convenient and easy-to-use contact us box available here.