New York City Personal Injury Law Blog

How Preponderance of Evidence can Help You Win Your Case

Posted on Oct 22, 2015 in Personal Injury, Personal Injury FAQs

Winning the Evidence Game

If you wish to win a lawsuit, you need to have strong evidence that can prove the fault of the defendant. The court looks for strong evidence that can push the case in your favor. Your evidence should trump the oppositions.

Evidence can include:

  • Documents
  • Photographs
  • Lab reports
  • Eye witnesses
  • Police reports
  • Public documents such as driving license
  • Medical reports
  • Medical bills

Consulting a New York City personal injury attorney for a legal representation can do a lot of good. The attorney would review your case and inform you:

  • If there is strong evidence that can win your case in a trial
  • If there is strong evidence but that may not be enough to pay legal expenses and his fee
  • If there is no strong evidence prima facie

Burden of Proof

Evidence collection and presentation is one of the most important aspects of a successful personal injury claim

Evidence collection and presentation is one of the most important aspects of a successful personal injury claim.

When you file a civil case, the onus to prove the negligence of the defendant is on you. As you are filing a case, it is up to you to prove that the defendant is at fault. Hence, you have to present a prima facie case to the court to establish the validity of the case right at the commencement of the trial. What follows is preponderance of the evidence that can seal the case in your favor.

Preponderance of the Evidence

Preponderance of the evidence in law means your case must have stronger evidence or must be more convincing so as to enable the jury or the court to decide in your favor. When you file a personal injury lawsuit in a civil action, you will be submitting various documents that can bring forth evidence to establish fault or negligence of the defendant. The court or the jury looks for the evidence that can carry the burden of the case in your favor. The greater the weight or burden of your case, the easier for the judge or jury to pronounce a judgment favoring you.

In simple words, if there is a preponderance of the evidence favoring your claim, the law is convinced that you have met with your burden of proof. This can give you victory in your legal fight.

This motion requires a careful assessment and building of your evidence in such a fashion that it eventually convinces the court of your credibility.

It is the duty of the New York City personal injury attorney to build and present your case. The trial commences with the scale of justice being equal for both parties [50-50]. Once the trial progresses, you present the evidence against the defendant. If the court finds the evidence is more than 50% in your favor, and less than 50% in favor of the defendant, your case has stronger merit and the preponderance or the weight of information is favoring you.

Call us Now – It will Cost You Nothing

If you or your loved ones have been injured in an accident due to third party negligence, contact our law firm of Rosenberg, Minc, Falkoff, & Wolff (RMFW) to discuss legal entailments and remedies. You can use our New York City personal accident attorney to help you win this case. You need strong legal assistance and we can more than provide this. Call 212 697 9280 and a happy voice will be on the other side.

The first consultation is free. We will help you increase the size of your bank account.

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I Chose The Right Attorney - “Attentive, Professional and Know About the Law…”

I referred Rosenberg, Minc, Falkoff & Wolff to a friend needing help with a birth injury & medical malpractice case. Having worked with founding partner Daniel Minc myself on a car accident case, I was sure they would be able to deliver results.

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