Unfortunately, it may pose difficult to recover financial compensation from the party who made you the victim of a personal injury accident. This is to say that being the plaintiff of a legal claim comes with great responsibilities. Just to name one, you are expected to uphold your duty in fulfilling a burden of proof. Follow along to find out the meaning of the burden of proof standard and how a proficient Leonardtown personal injury lawyer at The Dorsey Law Firm can help you effectively execute your claim.
What is the burden of proof standard for my personal injury claim?
During your personal injury claim proceedings, you may be asked to recount the events preceding, during, and following your accident. However, the Maryland civil court may not take your word at face value. Rather, the court may expect you to meet the burden of proof standard. Essentially, this standard states that you must supplement each claim you make in your case with sufficient, tangible evidence.
This may entail you submitting a copy of the police report filed on the date your accident occurred. Or, this may have you asking witnesses who saw your accident transpire to testify on your behalf. Other common pieces of proof are photos of your bodily injuries, receipts of your medical bills, copies of your past pay stubs, etc.
What is the contributory negligence standard for my personal injury claim?
One of the main reasons why satisfying your burden of proof is pivotal for your personal injury claim is the contributory negligence standard. Of note, Maryland is one of the few remaining states that still adopts this legal doctrine, as it is seen as rather outdated.
Nonetheless, contributory negligence means that if you, the plaintiff, are found to have been negligent in your accident in any way, you may not recover any of your claimed damages. More specifically, if the Maryland civil court finds you to be a mere one percent at fault for your accident, and the defendant 99 percent at fault, you may still be barred from pursuing a legal claim.
This is in stark contrast to the comparative negligence standard more commonly recognized throughout the country. With this, you may still be eligible to pursue financial compensation even if you were found to be partially to blame, so long as you are less than 50 percent to blame.
This is all to say that you must meet your burden of proof so that the court fully understands that your accident was due to zero fault of your own. At the end of the day, if you require immediate legal representation, look no further than a talented Leonardtown personal injury lawyer. Someone at The Dorsey Law Firm will happily work with you.
