In personal injury cases, the burden of proof is one of the most fundamental concepts that can influence the outcome of the case. It determines who must prove what and to what extent in order for a party to prevail. Whether you’re the injured party (plaintiff) or the defendant, understanding the burden of proof is essential for navigating personal injury claims in Oklahoma.
This post will walk you through what the burden of proof means in personal injury cases, how it applies to Oklahoma law, and how the burden impacts both plaintiffs and defendants in civil court.
What is the Burden of Proof?
In legal terms, the “burden of proof” refers to the responsibility of one party in a lawsuit to present enough evidence to support their claims. In personal injury cases, the plaintiff typically carries this burden. This means that the injured party must prove, by sufficient evidence, that their injury was caused by the defendant’s negligence or wrongful conduct.
There are two key aspects of the burden of proof:
- Burden of Production (or Presentation): The responsibility to introduce sufficient evidence to support the claims being made.
- Burden of Persuasion: The duty to convince the jury (or judge in a bench trial) that the claims are more likely true than not. In a personal injury case, the plaintiff must persuade the court that the defendant is responsible for their injury.
Understanding the burden of proof is essential for anyone pursuing a personal injury claim.
The Standard of Proof in Personal Injury Cases
In personal injury cases, the standard of proof that the plaintiff must meet is called the “preponderance of the evidence“. This is a lower standard than what is required in criminal cases, where guilt must be proven beyond a reasonable doubt.
The preponderance of the evidence means that the plaintiff must prove that their version of events is more likely true than not. In other words, the plaintiff’s version of the facts must have a greater than 50% chance of being correct for them to win the case.
What Must Be Proven in a Personal Injury Case?
Most personal injury cases are based on negligence. In Oklahoma, like in other states, a plaintiff must prove the following four basic elements in a personal injury case based on negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
If even one element is missing or unsupported by evidence, the claim may fail.
The Role of Evidence in Personal Injury Cases
To meet the burden of proof in a personal injury case, the plaintiff must introduce evidence that supports each of the four elements listed above. This evidence can take many forms, including:
- Witness testimony: Eyewitnesses who saw the accident or other events related to the injury.
- Expert testimony: Medical professionals or accident reconstruction specialists who can explain the extent of the injury or how the accident occurred.
- Physical evidence: Photos, accident reports, and medical records.
- Documents: Bills, receipts, or records that show the plaintiff’s damages.
In Oklahoma, the plaintiff has the duty to establish these elements by a “preponderance of the evidence.” If the plaintiff fails to do so, the defendant may prevail, even if they present no evidence at all.
Defendants and the Burden of Proof
While the burden of proof is usually on the plaintiff, the defendant may also bear some burden in certain situations. In some personal injury cases, the defendant might raise an affirmative defense—such as contributory negligence or assumption of risk—that can shift the burden of proof to them. For instance:
- Contributory negligence: If the defendant argues that the plaintiff was partially at fault for the accident, the defendant may introduce evidence of the plaintiff’s own negligence. In Oklahoma, this argument could reduce the damages awarded to the plaintiff but may not necessarily bar the plaintiff from recovering.
- Assumption of risk: In some cases, the defendant might argue that the plaintiff knowingly accepted a risk (such as in a sporting event or dangerous activity) and thus should not be entitled to damages. If this defense is raised, the defendant may need to provide evidence to support it.
Even when the defendant raises such defenses, the plaintiff still bears the ultimate burden of proving the defendant’s liability.
How Does the Burden of Proof Impact Your Case?
The burden of proof plays a key role in how a personal injury case is argued and ultimately decided. In Oklahoma, as in other states, the plaintiff must gather compelling evidence that demonstrates the defendant’s negligence or fault in the injury. If the plaintiff fails to meet the burden, the case could be dismissed, or the jury could rule in favor of the defendant.
For plaintiffs, this means that a well-documented case—complete with medical records, witness statements, and expert opinions—greatly enhances the likelihood of success. Defendants, on the other hand, may present evidence to raise doubt about the plaintiff’s claims or introduce defenses that can weaken the case.
If you’re facing a personal injury case and need help understanding how the burden of proof affects your claim, contact us today at Laird Hammons Laird Personal Injury Lawyers or call us at (405) 703-4567; an Oklahoma personal injury lawyer can help.
