Burden of proof is an important concept in personal injury law anywhere in the United States, particularly South Carolina. This is because it follows the well-known legal principle of whoever asserts must prove. If you’re a victim of a personal injury in South Carolina, then you must know where the burden of proof lies.
This article gives a detailed insight on what the concept of burden of proof is and how it works in personal injury cases. It will also help you to navigate the evidence before you and use it based on the type of proof required for your case.
A Brief Analysis of How the Burden of Proof Works in Personal Injury Cases
When a personal injury case is reported in South Carolina, one of the first steps taken by the attorney is to review the facts. The process of reviewing the facts makes it possible to identify the facts that support the victim’s claims and do away with the ones that don’t.
Where the burden of proof lies on the victim, they may be called to testify either by written statements or depositions. To further meet the requirements of this burden of proof, they may be asked to provide the testimonies of expert witnesses who may be auto experts or medical practitioners.
In addition, while testimonies are great, they may not be sufficient in South Carolina. Visuals like pictures, videos, and graphical presentations may also come in handy to meet the requirements of the burden of proof expected of the claimant.
The Two Major Types of Burden of Proof and How They Work
It is the duty of the party filing the claim to establish the facts supporting their claims and meet the burden of proof, which could either be beyond a reasonable doubt or a preponderance of evidence.
- Beyond a Reasonable Doubt
In a criminal case, the burden of proof required is that of beyond a reasonable doubt, and this is done using the reasonable man test. What this means is that the evidence provided in support of the case must be such that it convinces a reasonably average person that a crime was committed. Where an uncertainty can be established by the defendant, it becomes difficult to find them guilty of the said crime.
Where the prosecution fails to provide convincing pieces of evidence, it allows for the defendant to establish some doubts. When that happens, the court will not be able to deliver a guilty verdict as the required burden of proof has not been satisfied.
- A Preponderance of the Evidence
Where the case is a civil one, the burden of proof is lower and usually a preponderance of evidence, which means there is a higher probability of it happening. All that is needed in this type of case is to know how to swing the scale of justice in your favor by knowing how to prove the case more than your opponent.
Major Requirements for Meeting the Burden of Proof
When faced with a personal injury case in South Carolina, knowing the pieces of evidence needed to establish your case simplifies the process. Generally, here are some necessary things to get (however, the peculiarities of each case may demand more or less):
- Visuals like photos and videos of the scene
- Detailed testimonies of eyewitnesses present
- Toxicology reports and comprehensive medical records
- Testimonies of experts relevant to the case
- Maintenance logs of affected vehicles
- Security, employment, and payroll records
Conclusion“In a personal injury case in South Carolina, documentation of communication and the ability to communicate such documentation is vital,” says Attorney Charles W. Whetstone, Jr. of Whetstone Perkins & Fulda. Also, the details of the case need to be documented as early as possible, as the only thing more important is ensuring victims get the needed medical attention.
Also Read: Why You Need a California Personal Injury Lawyer for Your Case
