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What is a Burden of Proof?

What does "burden of proof" mean in a personal injury claim?

"Burden of proof" refers to the duty of a party needing to prove or disprove a legal fact. This is often used in personal injury claims when determining fault.

For example, if you were the driver of a car who was rear-ended, the law is quite cut and dry. A settlement will often favor drivers who are hit from behind.

On the other hand, if you were involved in a head-on collision, you may be designated with the burden of proof in determining whether or not you were responsible for the accident and eligible for a settlement. Some states use no-fault insurance, which makes it challenging to file a personal injury claim. You may need to prove that you either sustained a catastrophic injury or have permanently lost function of a body part to be eligible for a personal injury claim.

On the other hand, if you have been accused of being responsible for a slip and fall accident on your premises, you will be responsible for the burden of proof in proving that you were not negligent in the upkeep and maintenance of your facilities.

If you need help proving that you are eligible for a personal injury claim, you should speak with a personal injury attorney today.