The term “burden of proof” refers to the amount and type of the evidence you must show to legally prove that another party was at fault for causing a car accident. If you do not meet the burden of proof, you will not be successful in pursuing your claim.
Following a car or truck wreck, the at-fault insurance company will make its decision as to liability; that is, which party was at fault. It is important at that point to make sure they have been provided with sufficient facts to support your position.
If a car wreck claim becomes a lawsuit, Louisiana law requires the injured party to meet the burden of proving, through evidence, that the other party was at fault. This can include, among other things, of testimony from the parties, witnesses, and any investigators or accident reconstruction experts.
It is important to understand the difference between the burden of proof in a criminal case and in a civil case, which a car wreck case would be considered. In a criminal case, the burden of proof that must be met by the prosecution in order to convict a person is “beyond a reasonable doubt.” In contrast, in a civil case, the burden of proof that must be met is “more probable than not.”
An experienced car accident attorney is able to investigate, gather, and analyze evidence in a car wreck and make sure the insurance company receives information to properly evaluate an insurance claim. At trial, an attorney can help to make sure that everything is done to meet the burden of proving their case.
If you've been hurt in a car accident you need to speak with an experienced car accident attorney as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.
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Our legal library is full of articles on a variety of topics related to personal injury claims in Louisiana. Learn about how accidents happen, what to do when you are a victim, and how an attorney can help you fight for the compensation you may deserve.
