What is Burden of Proof

What is Burden of Proof

Burden of Proof is a legal term, and it is an important concept to understand in a personal injury claim. It essentially means that the Claimant (the person who has suffered the personal injury) has the task, or burden, to prove that the Defendant (the person who is accused of causing the personal injury) is responsible for causing the personal injury.

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When solicitors take on personal injury cases they will have made sure that a series of elements are present in order to prove that the Defendant is at fault. This is to ensure that each case will have the highest probability of success, with the greatest amount of financial compensation.

If you have suffered a personal injury because of the careless actions of another person, then call Manners Pimblett now, or fill in our online claim form, and we will advise you if you have a chance of bringing a successful claim.

What do I have to prove as a Claimant?

The first element your solicitor will establish for the burden of proof is that the person who caused your personal injury had a duty of care towards you. A duty of care is something generally straightforward because it is an established part of the law. For example, road users have a duty of care not to harm other road users. This will not be disputed by the Defendant.

The second element that needs to be proved by the solicitor in your case is: has the duty of care been breached?  This means that the person who owed you a duty of care failed in keeping you free from harm.  So for example, a person gets drunk, decides to drive his car, and collides with your vehicle, causing you personal injury. Evidence for this could be a police report, or evidence from witnesses.

The third element that falls under the burden of proof is: did the breach of the duty of care cause the personal injury? There must be a direct link, and this can be proved by a medical report.

Finally, you must have suffered physical or mental harm. This will be proved by a medical report. When your case is taken on by Manners Pimblett we will arrange for you to have a medical report to support your claim. You can also claim for any other loss that is directly related to the accident, for example, damaged clothes or loss of earnings.

I believe I have a claim, what should I do?

It is helpful to your claim if you have obtained a written record of you visiting your GP or hospital because of your injury. If you have not done this however, it should not stop you from bringing a claim.

Contact us at Manners Pimblett and our professional and welcoming staff will take the details from you and advise you if you have a potentially successful claim. This service is FREE, completely confidential, and with no obligation.

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