Burden of Proof
Definition
The obligation to prove your claims in court. In personal injury cases, the plaintiff must prove their case by a 'preponderance of the evidence,' meaning more likely than not.
Real-World MVA Example
You don't need to prove beyond a reasonable doubt (that's criminal court). You just need to show it's more than 50% likely that the other driver caused your injuries.
Related Terms in Legal Process
Class Action
A lawsuit where a group of people with similar injuries or claims sue a defendant together as a single case, rather than filing individual lawsuits.
Defendant
The person or entity being sued in a lawsuit. In a car accident case, this is typically the at-fault driver, but can also include their employer or a vehicle manufacturer.
Deposition
Sworn, out-of-court testimony where attorneys ask you questions and your answers are recorded by a court reporter. It happens before trial during the discovery phase.
Discovery
The pre-trial phase where both sides exchange information, documents, and evidence related to the case. This is how your attorney builds the strongest case possible.
Interrogatories
Written questions sent by one side to the other during the discovery phase of a lawsuit. You must answer them under oath within a set deadline.
Mass Tort
A type of legal action where many individuals who were harmed by the same product or action file individual lawsuits that are coordinated together for efficiency.
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