If you plan on filing a personal injury lawsuit against a negligent party in Texas, it’s important to familiarize yourself with the burden of proof standard for your case. Failing to meet your burden in an injury case means losing every time.
In Texas, the burden of proof standard for personal injury cases is known as a “preponderance of the evidence” standard. That means your attorney must prove that it is more likely than not that a defendant caused your injuries. Meeting the burden of proof requires evidence of what happened (witness testimony, security video, etc.) and evidence of the damages (medical bills, financial records, etc.).
For a free case evaluation with the Arlington personal injury lawyers at The Queenan Law Firm, P.C., call today at (817) 476-1797.
What is the Burden of Proof in a Texas Personal Injury Lawsuit?
It might surprise Texas victims to learn that the burden of proof in a personal injury claim is less than that of a criminal trial.
Preponderance of the Evidence Standard
In Texas personal injury lawsuits, the burden of proof standard is a preponderance of the evidence. Essentially, your Texas personal injury lawyer will be tasked with proving that it is more likely than not that a negligent party caused your injuries.
Criminal Burden of Proof
Compared to the burden of proof standard for criminal trials, which is “beyond a reasonable doubt,” Texas victims do not have the same heavy burden. Even so, it can be a challenge to meet this burden without a lawyer helping you collect and present evidence.
What Evidence Do I Need to Meet the Burden of Proof in a Texas Injury Case?
Most injury cases have the kind of evidence you might expect: testimony and records. But these general categories often downplay just how many types of evidence there are under those umbrellas:
Your Testimony
Your story of what happened to you will be the vital throughline of the case. You will typically lead the case by explaining all of the facts, then we will use other evidence to bolster and back up your claims.
Other Witness Testimony
You are just one witness. If we have other witnesses, their story can back your story up.
Especially if there were periods where you were knocked unconscious or there were things you did not witness (e.g., the inside of the other driver’s car, their negligent repairs to their property), you might not personally know the whole story, and other testimony might be essential.
Photo and Video
Photo and video evidence is some of the best because the jury can see things for themselves. IF the accident was caught on video from a security camera, doorbell camera, or dash cam, we can present that to the jury. Photos of the damage and accident scene can also be helpful.
Medical Records and Doctors’ Reports
Medical records and reports can explain what injuries you suffered, how they might have happened, and how severe they are. This can also explain what effect the injuries will have on your daily activities.
Remember that we need to prove facts and damages, so having these records can show why you can no longer work or why your life is upended by the injury.
Expert Reports
Sometimes we need experts to testify. They explain important scientific, technical, financial, or medical information that witnesses cannot speak to on their own.
This can also be helpful when proving damages, such as when we need to project future lost earnings your disability will cause you or how much medical care you need in the future.
And More
Anything else admissible in court could prove to be essential evidence that gets us over the goal line of proving the case by a preponderance of the evidence.
Meeting the Burden of Proof in a Personal Injury Case in Texas
Although the burden of proof in a personal injury case might seem low to Texas victims, it is not to be underestimated. You must still meet the burden of proof in your lawsuit so you can recover the compensatory damages you deserve against a negligent party.
Winning your case means laying the groundwork for success from the beginning.
Report Injuries
Having evidence and documentation of an accident’s aftermath is crucial. Reporting your injuries as soon as they occur can create evidence of your injuries and their likely cause.
Immediately after you sustain injuries in a car crash, call the police. Report your injuries to your employer if the accident occurred at work. Inform the property owner if you were injured on their property. Then, visit the hospital so that medical professionals can document your injuries.
Keep Records
Keep copies of any records you come across as part of your case, such as
- Medical records
- Bills
- Receipts
- Financial records
- Vehicle damage appraisals
Our Texas personal injury lawyers can also seek out things like medical records and financial records on your behalf; you do not need to worry about going out of your way to collect them for us.
Hire an Attorney
While the standard for civil claims is lower than that of criminal trials, that doesn’t mean meeting the burden of proof in a personal injury case isn’t without challenges. That is why Texas victims should hire an attorney.
An experienced Grapevine, TX personal injury lawyer can gather all available evidence and records to build a strong case against a negligent party.
What Happens if You Can’t Meet the Burden of Proof in a Texas Personal Injury Claim?
If you fail to meet the burden of proof for your claim, you lose. This means you do not get paid back for your expenses, you do not get ongoing coverage for lost wages, and you do not get compensation for your pain and suffering.
Just because the burden of proof for a personal injury claim might be lower than expected does not mean that victims won’t benefit from hiring an attorney. Lawsuits are complicated and time-consuming, and our lawyers can help you meet the burden in your case through a few basic things a lawyer does for their client:
- Collecting strong evidence
- Building a strong theory of the case and a narrative the jury can believe
- Getting meticulous evidence of each element of the case
- Finding proof to back up all the damage amounts we claim in your case.
FAQs about the Burden of Proof in a Texas Injury Case
What Does “Preponderance of the Evidence” Mean?
To win a case by a preponderance of the evidence means that you have the best or strongest argument. You need to show it is “more likely than not” that your claim is true to win.
This essentially means getting the jury 51% on your side, while something like a “beyond a reasonable doubt” standard needs them more like 99% on your side.
What is the Burden of Production?
The plaintiff – the party bringing a lawsuit, the victim – has both the burden of proof and the burden of production. This means it is up to them to convince the jury their side is right, and it is up to them to bring forward the evidence to do so.
Our lawyers can subpoena evidence from the defense and cross-examine their evidence and witnesses, but we have to actually supply our own evidence to prove the case.
What Does the Victim Need to Prove?
The victim needs to prove both of these things “by a preponderance of the evidence”:
- The defendant was at fault for the accident because they violated a legal duty that caused the victim’s damages.
- The damages and amounts of damages the victim suffered.
If your lawyers cannot produce enough evidence to prove these facts, then the court can rule against you.
What Does the Defense Need to Prove?
The defense doesn’t have to prove anything; that’s what it means to say that the burden of proof is on the victim. You are the one who needs to prove the case through your lawyers.
If the plaintiff gets to the end of their case and they have not met their burden, the judge can dismiss the case as long as there is no reasonable jury that could find for the plaintiff. The defense doesn’t even need to go on with their case if that happens.
Speak with Our Texas Lawyers About Your Personal Injury Case Today
For a free case evaluation with The Queenan Law Firm’s Texas personal injury lawyers, call today at (817) 476-1797.