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Plaintiff

A plaintiff is an individual or party who initiates a legal action by filing a lawsuit against another party in a court of law. The plaintiff seeks relief or compensation for damages they believe they have suffered due to the the other party’s actions. In a legal dispute, the plaintiff bears the burden of proof, which refers to the obligation to provide sufficient evidence to convince the court that their claims are valid. The burden of proof is a fundamental concept in the legal system and plays a crucial role in determining the outcome of a case.

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What is the Burden of Proof?

When filing a lawsuit, the plaintiff’s burden of proof requires them to present evidence that supports their claims. This evidence must be strong enough to persuade the judge or jury that it is more likely than not that their version of events is true. In civil cases, such as personal injury lawsuits, the burden of proof is usually based on the preponderance of evidence standard.

This means that the evidence presented by the plaintiff must be more convincing and persuasive than the evidence presented by the other party, also known as the defendant.

In a personal injury case, a plaintiff’s burden of proof involves demonstrating several key elements:

Duty of care

The plaintiff must establish that the defendant owed them a duty of care. For instance, a driver has a duty to follow traffic laws and drive safely.

Breach of duty

The plaintiff needs to show that the defendant breached the duty of care through negligent or wrongful actions.

Causation

The plaintiff must prove that the defendant’s breach of duty directly caused their injuries or damages.

Damages

The plaintiff must provide evidence of the physical, emotional, or financial harm they suffered as a result of the defendant’s actions.

Can An Attorney File a Lawsuit On My Behalf?

Yes. At Friedland & Associates, our personal injury lawyers can assist you in filing a lawsuit and meeting the burden of proof requirements.

We have the expertise to gather evidence, interview witnesses, consult experts, and build a strong case on your behalf. Our goal is to present a compelling argument to the court and help you recover the compensation you deserve for your injuries and losses.

Contact Us Today!

If you’ve suffered severe injuries and were involved in an accident our experienced personal injury attorneys can guide you through the legal process, explain your rights, and advocate for your best interests.

Contact us today to schedule a free consultation to discuss your case and explore your options.

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When You've Been Injured

When You’ve Been Injured

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