Frequently Asked Questions For burden of proof
When you file a personal injury or another civil lawsuit in New York, the petitioner or claimant has the burden to prove the case. The same is true for the prosecutor in a criminal case. There are, however, varying degrees of this burden. Knowing which applies in your case matters because it determines the extent to which you must prove your case.
At Law Office of Dennis P. Ryan, our personal injury lawyer in New York will review your case and determine your legal options. Once you decide how to proceed, a strategy will be put into place, and that involves making sure the burden of proof is properly addressed and adequately implemented. It is our goal to get you the best possible outcome in terms of compensation, and proving your case is our objective to meet that goal. Contact us today at (212) 441-4352 to schedule a Free Consultation.
Burden of Proof and Insurance Adjusters
Often, before a personal injury case goes to court, a settlement will be attempted via your lawyer and the insurance company. Most cases, in fact, settle outside of court. There is no burden of proof requirement during this period of negotiations. Burden of proof is an element of the court system.
That said, it is important that even during negotiations, your personal injury lawyer treats your case as though you were going to trial. That means making sure you satisfy the burden of proof. The problem is this: many lawyers may not uphold this principle, and that leaves room for vulnerabilities in the negotiation process.
At Law Office of Dennis P. Ryan, our personal injury lawyer will ensure your interests are represented and your case is well-supported and documented during the negotiation process. We want to make sure the insurance company knows we are serious about getting you fair and just compensation. If they do not, then a lawsuit may have to be filed, and we will already be prepared for it.
Burden of Proof in New York Personal Injury Cases
The burden of proof identifies which party is responsible for proving their case in court. The standard of proof is the threshold to which a party must prove its case to win. In other words, it’s the level of evidence necessary to establish a claim.
The party with the burden of proof proves their case by presenting evidence to the judge and jury.
Most people are familiar with the burden of proof referred to as “beyond a reasonable doubt.” However, this is a very high standard of proof that only applies in criminal cases. Civil cases use lower standards of proof, either “a preponderance of the evidence” or “clear and convincing evidence.”
A preponderance of the evidence is the most common standard of proof required in personal injury cases.
Preponderance of the Evidence
- To prove something by a preponderance of the evidence, it must be “more likely than not” that a party's version of events is true. In other words, there must be at least a 51% chance that their version of events is true.
- In a personal injury case, the plaintiff has the burden of proof. They must prove each element of their claim on a preponderance of the evidence, including the following four main elements of a personal injury case:
- The defendant owed them a duty of care.
- The defendant breached that duty of care.
- This breach caused an injury to the plaintiff.
- The plaintiff sustained monetarily-quantifiable damages as a result.
- A defendant in a personal injury case does not have to prove anything. If a plaintiff's evidence is weak, a defendant may say nothing and simply let the judge or jury decide whether the plaintiff has proved their case to the necessary standard.
- However, if a defendant raises an affirmative defense, such as assumption of risk or comparative negligence, the burden of proof shifts to them and they must prove the elements of their defense. In personal injury cases, the standard of proof that usually applies to affirmative defenses is also by a preponderance of the evidence.
Clear and Convincing Evidence
When a plaintiff seeks punitive damages (i.e., damages that go beyond economic and non-economic compensatory damages and are more about deterrence and punishment) in a personal injury case, a higher standard of proof applies. They must show they are entitled to punitive damages by clear and convincing evidence.
Clear and convincing evidence means there is a high probability that the plaintiff’s assertion is true. In other words, the plaintiff must prove that their claim that punitive damages are necessary is highly and substantially more likely to be true than not.
This standard of proof is also referred to as “clear, convincing, and satisfactory” or “clear, unequivocal, satisfactory, and convincing” evidence.
Clear and convincing evidence is a higher standard of proof than a preponderance of the evidence (but less than beyond a reasonable doubt standard of proof), so punitive damages are awarded in more limited circumstances.
Contact a Personal Injury Attorney in New York Today
If you or a loved one have a personal injury claim or think you may have one, it is in your best interests to speak to a personal injury lawyer in New York. There are statutes of limitations imposed on these types of claims, and the clock starts clicking on the date of the injury (or on the date you reasonably should have known about the injury). Contact Law Office of Dennis P. Ryan today, and our personal injury lawyer will schedule a Free to discuss your case and to ensure there is enough evidence (or will be enough) to satisfy the burden of proof.
recent results
bronx | personal injury | DSNY worker brings Personal Injury Claim
The Law Office of Dennis P. Ryan was able to win an important motion to allow a Department of Sanitation Supervisor to bring a Personal Injury Claim against the City of New York. Anyone who plans to sue a municipality in the State of New York, must file a Notice of Claim within 90 days of the date of the accident. A New York City Sanitation Supervisor recently contacted our law firm 5 months after the accident, and more than 2 months after the Notice of Deadline had passed. Our office was successfully able to convince the Court that our client’s claim fell under an exception and should be allowed to proceed. Our client is now likely going to be able to receive money for his pain pain and suffering and lost wages.
bronx | personal injury | sanitation worker hit by car in the bronx
Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He suffered an ankle injury that required him to go for Physical Therapy for 1-2 months. Even though he did not need any injections or surgery, we were able to convince the insurance company to offer the full amount of its $25,000 to settle the case. We were able to achieve this settlement before our client needed to appear for a deposition.
brooklyn | personal injury | full amount of insurance policy for sanitation worker hit by car
Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He had to have a shoulder surgery and missed several months of work, losing Chart Money, Truck Money and Overtime Money. We filed a lawsuit on his behalf in Kings County (Brooklyn). Our office was able to settle case for the full amount of the driver’s Insurance Policy. We were able to achieve this settlement before our client needed to appear for a deposition.
nassau | personal injury | full amount of Insurance Policy for Pedestrian
Our office was able to settle a case for the full amount of Insurance Policy for Pedestrian who tripped and fell on sidewalk in Nassau County. This was a tough case in a tough venue for Plaintiff’s attorneys. Our client had contacted 2 previous law firms who declined her case because they thought it would be too difficult to obtain a settlement. Our office was not only able to settle the case but we were able to persuade the insurance company to offer the full amount of its insurance policy to settle the case.
bronx | personal injury | settles Sanitation Supervisor's case for $95,000
Our office was able to obtain a settlement for $95,000 (out of a total of $100,000) for a Sanitation Supervisor who hurt his ankle in a car crash. The insurance company for the other driver made several motions to the court asking the Judge to dismiss the case. We were able to defeat each of these motions and eventually settle the case for $95,000. This was more than 3 times the initial settlement offer that the insurance company made.
bronx | personal injury | $75,000 settlement for Pedestrian who fell on broken sidewalk in the Bronx
Our client fell on a broken sidewalk in the Bronx in front of a 1 family house. We brought a lawsuit against the City of New York and the insurance company for the homeowner. Our client aggravated injuries to his ankle that he had suffered years ago while playing sports. The Insurance Company made a Motion to the Court asking to dismiss our case. We were able to defeat this Motion and we were eventually able to settle this case against the City of New York and the Insurance Company for a total of $75,000.
hudson | personal injury | settles car crash case for $97,500 out of $100,000 of available coverage
Our office was able to obtain a settlement of $97,500 out of a possible $100,000 in available insurance coverage for a Car Crash that happened in New Jersey. Our client was involved in a 2 car crash. She had a stop sign and the other driver did not have a stop sign. For that reason, the insurance company claimed that the crash was completely the fault of our client. Our firm hired investigators who canvassed the scene for witnesses, photos and videos of the crash. We were able to prove that the other driver was driving too fast for the intersection and was also at fault for the crash.
staten island | personal injury | $170,000 for Woman who slipped and fell on ice
Our office was able to obtain a settlement of $170,000 for a woman who slipped and fell on ice on the stairs of the house that she rented an apartment at. Her landlord’s insurance company argued that the landlord had done everything it could to prevent our client’s fall. We were able to prove that the landlord had not properly shoveled and salted the steps before our client’s fall.
bronx | personal injury | Sanitation Worker with prior LODIs injured inside Sanitation Garage
Our Office settled a case for a Sanitation Worker who tripped and fell on uneven pavement inside his Sanitation Garage and hurt his ankle. The Worker had several prior Line of Duty Injuries (LODIs) where he had also hurt his ankle. Our office was able to prove that this LODI aggravated the old injuries and made the injuries worse.
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