THE BURDEN OF MORE PROBABLE THAN NOT IN A PERSONAL INJURY CASE

One common misunderstanding in all civil cases, including personal injury cases,  and Ohio wrongful death cases in particular, is the burden of proof that a Plaintiff must meet to recover. As every experienced Ohio wrongful death lawyer knows. in an Ohio civil case a Plaintiff must prove all the elements of his or her case (that the other party or parties was negligent, that their negligence caused the injuries, and the extent of damages from the injuries) by a more probable than not standard. In other words, the Plaintiff meets his or her burden when the evidence shows that it is more than 50% likely, or at least 50.1% likely, that an element has been met. This burden is far less than in a criminal case where the burden is beyond a reasonable doubt.
 
Too many times juries are not adequately educated on the Plaintiff’s low burden of proof during Ohio wrongful death and other trials. If a jury does not completely understand that everything only has to be proved by more than 50%, even the amount of damages, this can lead to adverse verdicts to the Plaintiff. This is why it is important for a Plaintiff’s attorney in an Ohio personal injury case to explain the low burden they possess to a jury multiple times throughout the course of a trial. When this is not done, juries tend to revert back to what they think they know from TV, criminal cases and the higher burden of beyond a reasonable doubt. 

Experienced Ohio wrongful death lawyers know about this problem and they address it directly with the jury. One way of thinking about the burden of proof is to think of a scale with weights on both sides, like the scales of justice you see on many law tv shows. All the plaintiff has to do is move the scale just a bit in his or her favor to win the case. Just a little movement toward their position is enough to win. This is a far cry from the belief most defense lawyers portray that a plaintiff has to "prove" their case. If an injured person shows it is more likely than not they were injured or killed by another's negligence, they win the case, all other facts being equal.
 
For more information about this subject go to www.Chesterlaw.com and request a copy of my free Book entitled The Insider's Guide to Handling Ohio Accident Claims. For those who have suffered a wrongful death in their family in an Ohio motor vehicle accident, you can also order my free DVD entitled What you should know about motor vehicle injury claims. Both the free Book and free DVD describe in more detail what you need to know to protect your rights NOW.
 
 
 
  Call the experienced Ohio wrongful death lawyers / personal injury attorneys at Chester Law Group today to get the help you want from people you can trust (800) 218-4243