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What is the Burden of Proof in a Personal Injury Case in Indiana?


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The success of a personal injury claim will depend on the evidence collected by both parties. That evidence will then be analyzed according to a particular burden of proof. The burden of proof establishes which party is responsible for presenting evidence and determines the level of evidence required for their claim to prevail.

The burden of proof in a personal injury case in Indiana requires that the plaintiff must prove by a preponderance of the evidence that they were injured because of the defendant’s negligent conduct and suffered damages as a result. Several types of evidence can be used to satisfy this burden of proof. However, defendants are usually represented by insurers who search for evidence that may refute the plaintiff’s claims.

If you suffered a personal injury in Indiana, get help obtaining the compensation you deserve. Reach out to our experienced Indiana personal injury lawyers today by calling Wruck Paupore at (219) 322-1166 for a free review of your case.

Burden of Proof for Indiana Personal Injury Plaintiffs

In Indiana, the burden of proof for personal injury plaintiffs is the “preponderance of the evidence” standard. This requires that plaintiffs demonstrate that it is more likely than not that their claim is truthful.

Courts will apply the preponderance of the evidence standard to every personal injury lawsuit in Indiana. However, the same standard is not used for every type of case. For instance, in a criminal lawsuit in Indiana, the prosecution must prove that a defendant is guilty beyond a reasonable doubt. This standard is much more stringent than the standard placed on Indiana personal injury plaintiffs.

However, satisfying the burden of proof in your Indiana personal injury claim may still be a complicated task. Defendants and their insurance companies typically hire teams of people who will try to disprove certain elements of your case. Fortunately, you may contact our experienced Indianapolis personal injury lawyers for guidance and support.

What Must You Prove in an Indiana Personal Injury Lawsuit?

The process for recovering monetary damages through a personal injury lawsuit can vary depending on several factors. The cause of your injuries, the extent of injuries you suffered, and the types of damages you seek can all play a role in how your case unfolds. Still, in every personal injury case, plaintiffs must present evidence to satisfy the following general elements:

  • The defendant owed the victim a duty of care
  • The defendant breached their duty of care
  • You were hurt because of the defendant’s breach
  • You sustained damages because of your injuries

Our experienced Indiana personal injury lawyers can apply these elements to the facts of your case and help determine the strength of your potential lawsuit.

Evidence Used to Meet the Burden of Proof in an Indiana Personal Injury Lawsuit

Many different types of evidence can be used to meet the burden of proof in an Indiana personal injury lawsuit. The following are common forms of evidence used by our Indiana personal injury lawyers:

Eyewitness Statements

Statements from eyewitnesses are often used to prove that defendants were at fault. Witnesses can help explain what happened before, during, and after a personal injury. Accordingly, witness statements can help demonstrate why or how a particular accident occurred.

Statements from eyewitnesses can come in either oral or written form. You should always attempt to obtain contact information for potential witnesses to your personal injury. Afterward, our team can help when reaching out to them for cooperation.

Physical Evidence from the Scene

Physical evidence from the scene of an accident is another form of evidence often used to satisfy the burden of proof in Indiana personal injury lawsuits. For instance, drug paraphernalia found at the scene of a truck accident can be used to show that a truck driver was impaired when the collision occurred. Our Fort Wayne personal injury lawyers can help assess the relevance of any physical evidence found at the scene in your case.

Still, some types of evidence are hard to preserve or may be too large to bring into court. Therefore, employing other types of evidentiary documentation is permitted.

Pictures from the Scene

Pictures from the scene of an accident can also help personal injury plaintiffs in Indiana satisfy the burden of proof. Photos from the scene are often used to document conditions that contributed to an accident. For example, photos of a wet floor can demonstrate factors that contributed to a slip and fall accident. Accordingly, personal injury victims in Indiana should always take pictures at the scene of their accidents if possible.

Accident Reports

After many injurious accidents, official accident reports are drafted. For example, an accident report may be recorded by a police officer at the scene of a car accident or by a shop’s employees at the scene of a slip and fall. In any case, these reports can contain important information that helps explain why an accident happened. Our experienced Hammond personal injury lawyers can help acquire copies of an official accident report in your case.

Surveillance Footage

Surveillance footage is another common form of evidence used to meet the burden of proof in Indiana personal injury lawsuits. For example, traffic camera footage from an intersection can show which party was at fault for a pedestrian accident. Furthermore, security camera footage from a construction site may show the cause of the construction accident.

However, communicating with parties in control of such footage may be frustrating. Our South Bend personal injury lawyers can help recover copies of relevant surveillance footage in your case.

If You Were Injured Because of Another Person’s Negligent Actions in Indiana, Our Lawyers Can Help

If you suffered a personal injury in Indiana, get support from our experienced Indiana personal injury lawyers today by calling Wruck Paupore at (219) 322-1166 for a free review of your case.

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***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

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– Jay Zoellner
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
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Your Legal Team

Your Legal Team

Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

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Understanding the Insurance Company:
Getting Results.

In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

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More than 40 Years of Experience.
Still Fighting for Justice.

For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

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***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

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