People who end up hurt by others have rights under the law. Individuals can initiate litigation when they sustain injuries, experience property damage losses or lose a loved one.
Typically, plaintiffs pursuing a lawsuit against a business or another person have to show that the defendant was responsible for the poor outcome of the situation. Evidence of misconduct or negligence is necessary to prevail in a civil lawsuit. In cases where one party did something illegal, records of their criminal charges or a traffic citation could bolster the claims of a plaintiff. However, in cases involving negligence, the plaintiff may need to establish that the defendant did something obviously unsafe.
How can those pursuing personal injury claims prove negligence in civil court?
Reasonable people set the standard for negligence
According to common law and judicial precedents, negligence involves the failure to do what is necessary for safety or making obviously unsafe choices. A plaintiff trying to establish that someone else was negligent has to convince other reasonable people that they did something unsafe or failed to do what was necessary for their safety or the safety of others.
Reasonable people are likely to agree that it is negligent to ignore a puddle of spilled juice on the floor at a grocery store. They may also recognize that texting while driving or failing to maintain a balcony at a restaurant could be negligent.
The amount of evidence necessary to prove negligence is lower than people expect. In criminal court, prosecutors have to collect evidence that shows beyond a reasonable doubt that someone broke the law. In civil court, the standard is a preponderance of the evidence.
People have to show that the majority of the available evidence supports their version of events. It is therefore possible to secure compensation in civil court even in cases where prosecutors didn’t bring charges or could not secure a conviction during a criminal trial.
People who have support while developing a personal injury lawsuit may have an easier time meeting the necessary standard of evidence than those who try to handle such matters on their own. Successfully proving that another person or business engaged in unsafe behavior may result in an award of compensation for the person harmed by that negligence.