BWO Trial Lawyers White

What is the Burden of Proof in a Personal Injury Claim: Understanding the Evidentiary Standards


Missouri Personal Injury lawyers

Dive into the essentials of the burden of proof in personal injury claims and discover how Buchanan Williams & O’Brien can guide you through your legal journey.

Buchanan, Williams & O’Brien have been a trusted law firm serving Missourians for over 40 years.

  • Committed to always treating clients with courtesy & respect
  • Benefit from the unrivaled experience of our statewide team of lawyers
  • Trust the proven success we’ve delivered to clients for decades

In the legal landscape, especially within personal injury claims, understanding the concept of the burden of proof is crucial for both plaintiffs and defendants. At Buchanan Williams & O’Brien, we know that navigating the complexities of the legal system can be daunting. It’s our goal to clarify these processes, ensuring you, our clients, understand every step of your case. 

The burden of proof is a fundamental aspect that dictates the evidence required for a plaintiff to establish a defendant’s liability. Personal injury claims often hinge on this very principle. Unlike criminal cases where the standard is “beyond a reasonable doubt,” the plaintiff must meet the “preponderance of evidence” standard. This means that to prevail, the evidence must show that it’s more likely than not that the defendant’s actions caused the plaintiff’s injuries. 

At Buchanan Williams & O’Brien, we employ our extensive experience and clear, confident advocacy to manage the burden of proof, pressing forward to present evidence with precision and authority. Our dedication over the past 40 years has secured millions for our clients in Missouri, reflecting our passion for justice and our ability to navigate the nuances of the burden of proof in personal injury claims. 

Understanding the Evidentiary Standards

No Fee Until We Win


Email Us


The Basics of the Burden of Proof

In any personal injury claim, understanding the burden of proof is critical. Our legal team must convincingly show a judge or jury that the defendant is liable for your injuries. In a civil case, this is fundamentally different from a criminal case, where the standard is “beyond a reasonable doubt.”

In personal injury cases, the burden of proof we must satisfy is based on a “preponderance of evidence.” This means that we aim to show that it is more likely than not that the defendant’s actions caused your injury. Think of it as tipping the scales—our evidence doesn’t have to eliminate all doubt, but it does need to weigh more heavily in favor of your claim.

Evidence is paramount when proving a claim. There are various types of evidence we use, including:

  • Physical evidence
  • Eyewitness testimony
  • Expert witness accounts

Each piece of evidence is presented to solidify your case and establish negligence on the part of the defendant. For instance, when pursuing compensation for your losses, physical evidence of the injury and its impact on your life helps us meet the burden of proof.

Other standards like “clear and convincing” are also applicable in some instances, but for personal injury cases, the preponderance of evidence is the standard we aim to meet. We strive to build a compelling case for your right to fair compensation by compiling and presenting evidence. 

The Basics of the Burden of Proof

Confused about Personal Injury in Missouri? We are here to answer your questions.

Who Bears the Burden of Proof?

In Missouri law, the plaintiff, who asserts harm resulting from another’s actions or negligence, bears the burden of proof. In personal injury claims, we bear the critical responsibility of proving the case on behalf of our clients. Our team is tasked with supplying sufficient evidence to establish that the defendant is liable for your injuries and damages. The evidence must illustrate two essential points:

  1. The defendant had a duty of care that they breached.
  2. The breach of this duty led directly to your injuries.

To validate these points, we methodically compile a comprehensive array of proof that can include:

  • Eyewitness statements
  • Medical records
  • Expert testimony
  • Accident reports
  • Photographic or video evidence

It’s important to note that while the burden of proof rests predominantly on the shoulders of the plaintiff, there can be exceptions where the defendant may have to prove certain defenses. For instance, if the defendant claims the injury was due to the plaintiff’s negligence, they must provide evidence supporting this argument.

With over 40 years of accumulated experience and a track record of significant victories in Missouri, Buchanan Williams & O’Brien stands committed to shouldering this burden with unwavering dedication. 

Meeting the Burden of Proof

In personal injury cases, as your legal representatives, we bear the responsibility of meeting the burden of proof. We must demonstrate to the judge or jury that the party responsible for your injuries is liable due to negligence or wrongdoing. The standard we work to satisfy is known as a “preponderance of the evidence,” meaning making it more likely that your claim is valid.

Gathering and Analyzing Evidence

Gathering the evidence involves meticulous examination of accident reports, medical records, and, when necessary, expert testimony on the causation of your injuries. Legal principles in these cases ensure that we align the facts with the requisites for proving your claim in court. A comprehensive understanding of how evidence confirms negligence is crucial, and it becomes a foundational aspect of advocating for your personal injury case.

Strategizing to Prove Negligence and Liability

Challenges often arise, such as demonstrating the full extent of your injuries or countering claims that outside factors contributed to the accident. We strategize to overcome these challenges through detailed reconstruction of the incident and by having experts validate the link between the defendant’s actions and your injuries.

Presenting your Case Effectively in Court

Our role goes beyond gathering evidence — it entails presenting it effectively to achieve the required standard of proof. With decades of experience and successful legal case results, we understand the importance of building a compelling narrative for your claim. We leverage our legal skills to articulate the subtleties between nearly balanced evidence and the threshold that favors your stand.

We cannot overstate the significance of legal representation in these matters. A lawyer’s ability to navigate the complexities of personal injury law, from evidentiary standards to persuasive argumentation, is fundamental in meeting the burden of proof, establishing negligence, and securing the compensation you rightfully deserve.

Impact of Failing to Meet the Burden of Proof

In a personal injury claim, the consequences can be significant if the plaintiff’s counsel cannot meet the burden of proof. When the jury or judge finds the presented evidence lacking, they are not convinced of the defendant’s negligence beyond a preponderance of the evidence. This standard—lower than “beyond a reasonable doubt”—requires us to demonstrate that it is more likely than not that the defendant caused the harm.

Here’s what happens if the burden isn’t met:

  • Plaintiff’s Claim: The claim may be dismissed, leaving our client without compensation for injuries.
  • Negligence: Proving the defendant’s fault is essential. Without clear evidence of negligence, there is no responsibility for damages.
  • Compensation Denied: Plaintiffs often seek reasonable compensation for medical bills, lost earnings, and distress. Failing to meet this requirement results in the inability to recover these damages.

We understand these stakes and bring extensive experience to every Buchanan Williams & O’Brien case. Our goal is to navigate the complexities of the law and secure the justice our clients deserve. Through meticulous preparation and the steadfast gathering of evidence, we strive to ensure that each personal injury claim meets the required standard of clear and convincing evidence, leading to a just result for our clients. 

How Buchanan Williams & O’Brien Can Help

As experienced personal injury attorneys, we at Buchanan Williams & O’Brien understand the complexities of proving negligence in a personal injury claim. The burden of proof rests upon the accident victim, and it falls to us to construct a robust case that fulfills this burden in civil court.

Building Your Case

We meticulously gather the necessary evidence, which may include:

  • Medical records and bills
  • Photographs of the injury and accident scene
  • Eyewitness testimony
  • Expert witness reports

Evidencing Negligence

We work tirelessly to prove the four elements of negligence:

  1. Duty of care
  2. Breach of duty
  3. Causation
  4. Damages

This often involves accident reconstruction experts and witness statements to establish how the breach of duty led to your injury.

Financial Recovery

Our aim is to ensure that you receive a fair compensation for:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain and suffering

We negotiate with insurance companies to effectively present evidence to reach favorable settlements for our clients.

Securing Your Future: Partner with Buchanan Williams & O’Brien Now

At Buchanan Williams & O’Brien, we grasp the legal intricacies of personal injury claims and their profound impact on our clients’ lives. With over 40 years of experience, we possess the experience and resources to navigate even the most intricate cases, securing millions in successful outcomes for our Missouri clients.

If you’re facing the aftermath of an accident, you need a law firm committed to recovery. Our personal injury case strategies are tailored to the unique aspects of your case, aiming to alleviate the financial hardship caused by personal injuries. Contact us for professional legal representation if you’ve been injured due to someone else’s negligence.

We can help! FREE Injury and Work Comp Consultations.


Email Us


Contact Us

LP MakePayment NO AMEX