Personal Injury – The Onus of Proof

The Onus of Proof in Car Accident and Personal Injury Claims

A person with a claim for personal injuries after a motor vehicle collision may hear the words “onus of proof”.

What does this mean? It means you are responsible for proving the aspects of your claim. The standard of proof is not the same as “beyond a reasonable doubt” that one often hears in movies about a criminal trial. In motor vehicle accident trials, you need to prove your claim ” on a balance of probabilities.” This is sometimes described as “more likely than not” or 51% to 49%.

A person must prove with evidence to a judge at trial that the collision was the fault of the other driver and that his or her injuries were caused by that collision. Further evidence such as medical reports also proves the extent of those injuries on the same onus of proof.

Having experienced legal counsel is important to ensure that this onus is met by a person injured in a motor vehicle collision so that a person can be properly compensated. Our personal injury lawyers at Heather Sadler Jenkins have that experience and look forward to helping you.

Call Heather Sadler Jenkins at 250-565-8000 and ask to speak to one of our lawyers.

~Richard Stewart