If you watch crime shows, you’ve likely heard the phrase “innocent until proven guilty.” That’s true as a framework, especially in the criminal law context — but the rules often change when it comes to civil accidents, work injuries, contract disputes, and other common personal injury disputes.
In point of fact, a different standard called “preponderance of the evidence” comes into play for most of these situations. Today, we’ll go through what preponderance of the evidence is and how it might affect your civil trial.
In the meantime, if you or a loved one has been injured in an accident, please contact the experienced New York State personal injury attorneys of Schwartzapfel Lawyers at 516-342-2200 today. No matter your situation, it will be our honor and privilege to fight for you!
What Is Preponderance Of Evidence?
The U.S. Supreme Court explains the preponderance of evidence standard as a set of scales. Your evidence and arguments go on one side while the other side weighs your opponent’s information. If your side of the scale tips down even just a little bit, you win. It’s not enough to create doubt; you only need your side to be slightly more believable. In legal terms, having a greater weight of the evidence is like getting 51% on a test — just enough to pass.
This concept is one of the reasons why having an experienced construction accident lawyer on your team is so important to the success of your claim. Skilled lawyers know how to gather and present evidence to sway that scale in your favor. They know what facts matter and how to make the strongest possible case to get you all the money and benefits you deserve for your injuries.
To get started now, call Schwartzapfel Lawyers at 516-342-2200 or schedule with us online today. Alternatively, please continue reading.
Why Does Preponderance Of Evidence Matter?
Unlike the “innocent until proven guilty” standard in criminal cases, you don’t need to prove beyond any possible doubt that someone else’s negligence caused your injuries. That’s good news for injury victims!
In a criminal law case, if the trier of fact has any reasonable doubt that the accused committed the crime, they have to find them not guilty. That’s the “beyond a reasonable doubt” standard, the highest standard of proof in the U.S. judicial system.
In a civil case, however, it’s often a matter of one side’s story being slightly more likely than not.
For personal injury cases, this means your focus can be on getting fair compensation for your lost wages, medical bills, and the impact the injury has had on your life. In this way, it’s not about proving guilt beyond a reasonable doubt; it’s about getting you the financial support you need to come through a tough situation.
For example, maybe your worksite wasn’t properly cleaned, leading you to slip. Was this negligence? Does someone owe you for this? That’s where the “preponderance of the evidence” standard works to your advantage.
In another example, a defective power tool may have caused you serious injury. You don’t need to prove intent or deliberate wrongdoing on the part of the manufacturer; rather, you must show that the defect in the product was a substantial factor in causing your injury.
In any event, time is not on your side. To act now and protect your financial future, call Schwartzapfel Lawyers at 516-342-2200 and allow our knowledgeable team to fight to make sure you have the best chance of getting all the money and benefits you’re entitled to.
How Does Preponderance Of Evidence Affect Settlements?
Many injury cases settle out of court rather than going to trial. Still, don’t be fooled — these aren’t simple “deals.” They are negotiations, and what you agree to in a settlement may have long-lasting consequences. That’s why having a skilled lawyer on your side matters even before a trial is on the table.
To illustrate, here’s where “preponderance of evidence” directly impacts you: The greater the weight of the evidence and case, the better settlement you’re likely to secure. It shows the other side (like insurance companies or employers) that going to trial would be risky for them. The more solid your proof that they were negligent, the less willing they’ll be to fight back.
In this way, you can think of it as leverage. If you can prove it’s slightly more likely they owe you, they may choose to settle instead of dragging things out in court. That said, it’s important to remember that your injury was not your fault, and, as such, you shouldn’t settle for less than you truly deserve.
And so, you should make sure you have qualified legal counsel in your corner at all times. To see to this, call Schwartzapfel Lawyers today at 516-342-2200. But don’t wait until it’s too late and your window of opportunity is closed forever. Instead, act now and have Schwartzapfel Lawyers fight — and win! — for you.
What Other Standards Of Proof Exist?
While most workplace injury cases fall under the preponderance of the evidence standard, there are times when a different evidentiary standard of proof, called “clear and convincing evidence,” may come into play. It’s a higher standard of proof but still not as strict as the “beyond a reasonable doubt” standard used in criminal trials.
Understanding this is of critical importance, with significant implications for how civil cases are adjudicated and how justice is sought in matters of personal injury and liability. This is particularly true in instances involving:
- Fraud Allegations: If you strongly suspect your injury was worsened due to deliberate misconduct or that someone is faking a personal injury to collect benefits, the convincing evidence standard applies. The burden of proof for this needs to be stronger.
- Punitive Damages: Rarely, but in extreme cases when someone’s behavior was especially reckless or dangerous, “clear and convincing evidence” might be required to award punitive damages.
Of equal note is how legal standards can evolve over time. Legal rules are always changing to reflect new understandings and changes in society.
For instance, depending on the specific circumstances of a case, one case could involve multiple standards of proof for different parts of the claim. This variability is yet another reason why facing work injuries with an experienced lawyer is the smart move — for your health, your wealth, and your family.
What Does Preponderance Of Evidence Mean For You?
An injury shouldn’t derail your life. And so, if an accident befalls you or a loved one, you should remember these simple rules:
- Having Enough Evidence Matters: After seeking immediate medical attention (which should be your top priority), be sure to make notes or take photos of what happened, if you can. You should also keep documents like traffic tickets or reports from police officers on the scene. The amount of evidence you have could make or break your future civil lawsuit.
- Witness Contact Info: Ask yourself, “Did anyone see what happened?” When you have your answer, get the names and phone numbers of the parties involved. Note: Witness testimony can be crucial in cases with unclear liability.
- Get the Right Lawyer, Quickly: Most jurisdictions have strict time limits on workplace injury claims. As such, it’s best not to wait. Moreover, you should speak with a qualified construction accident lawyer as soon as possible to preserve your rights and plan next steps.
To learn more now at no charge, call Schwartzapfel Lawyers at 516-342-2200 or visit us online today. In one free consultation, our experienced team of trial lawyers will answer any questions you may have and put your mind at ease.
Don’t Take Chances — Laws Are Always Changing
Dealing with a team of insurance company lawyers is what you face when trying to handle a work injury claim on your own. Of course, it’s not a matter of your knowledge against theirs; the rules themselves are constantly changing.
Here’s why that matters to you:
- Statutes: Even if you had a similar injury a few years back, that doesn’t guarantee the rules are the same now. Each state has its own laws, and court rulings continually create updates or loopholes.
- Precedents: What if another worker’s case set a new precedent that you didn’t know about? It could strengthen your case — or completely derail it. Only up-to-date legal knowledge will prepare you for these kinds of surprises and will instill in you the know-how for handling them effectively.
- Experience Is Key: Just as you wouldn’t ask a plumber to rewire your house, a skilled lawyer without specific personal injury experience may not have the knowledge required to handle the challenges of your injury claim successfully.
And so, you shouldn’t leave your financial future to chance — not when you don’t have to, and not when an experienced trial attorney can fight to get you all that you deserve in the way of money and benefits. To that end, you can speak directly with a member of the Schwartzapfel Lawyers team by dialing 516-342-2200 now.
One call may save you miles of headache, heartache, and financial strain down the road. So, please, call now and enjoy your free consultation along with sound legal advice and peace of mind.
Seek Justice, Recover Now!
If you or a loved one has been injured in an accident, you know how overwhelming it all can be. Being the victim of an accident often means missing time with family, fewer work hours, and worrying about mounting medical bills on top of the physical pain from your injuries.
This is exactly what the award-winning trial attorneys at Schwartzapfel Lawyers fight against every day. With over (150) years of combined experience, we know all the tricks insurance companies play, and we know how to recover the maximum money and benefits for injured workers in New York State.
Please don’t settle for less than you deserve, especially when you don’t have to. It’s your future, and it’s our honor and privilege to fight for it with you. Contact the seasoned construction accident attorneys of Schwartzapfel Lawyers for your free case evaluation today. Simply dial 516-342-2200 or schedule with us online to start recovering now!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
preponderance of the evidence | Wex | US Law | LII / Legal Information Institute
Presumption of Innocence Burden of Proof | New York State Unified Court System
Reasonable Doubt: Definition, How to Prove, and 3 Burdens | Investopedia
