How will the court decide if my personal injury case is convincing enough to warrant a legal recovery?

As the plaintiff, you have the burden of proof in your personal injury lawsuit. However, civil lawsuits, such as personal injury cases, have a lower burden of proof than criminal cases. While the government must prove its case beyond a reasonable doubt to convict someone in a criminal case, personal injury victims need only prove their claims by a preponderance of the evidence to recover financial compensation.

Preponderance of the Evidence

The preponderance of the evidence standard means that personal injury accident victims must prove that the defendant more likely than not caused their injuries. There is no magic formula that establishes when a plaintiff has satisfied the preponderance of the evidence burden of proof. Instead, the court will consider all of the admissible evidence presented to determine if the burden was met and the plaintiff should recover compensation.

Personal Injury Evidence

Some of the evidence that the court may consider in your personal injury case includes, but is not limited to:

  • Photographs
  • Videos
  • Eyewitness statements
  • Expert witness testimony
  • Medical reports
  • Accident reports
  • Other documentation

Together, this evidence must establish that the defendant more likely than not caused your accident injuries.

Present a Strong Personal Injury Case

Our experienced personal injury attorneys can analyze the evidence in your case and present it in the most favorable light possible to help you satisfy your burden of proof and recover compensation.

Hupy and Abraham has recovered more than $1 billion on behalf of thousands of personal injury clients throughout Wisconsin, Iowa, and Illinois over the last 50+ years. Insurance companies know that we mean business, but if they are unwilling to settle your claim fairly, we won’t hesitate to go to court. Our goal is to get you fair compensation for your past and future medical costs, lost income, out-of-pocket costs, physical pain, emotional suffering, and other accident damages.

Call us or start a live chat with us anytime to schedule a free, confidential initial case evaluation.


Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.