If you have been injured due to another party’s negligent or intentional action or inaction, you may have the right to seek compensation for your damages. However, you must first prove your case.
When filing a personal injury claim, you should understand what elements must be established and what the burden of proof is for your claim. At Warhawk Legal, our personal injury attorneys in Oklahoma City have the experience and skills to build your strongest case and help you recover maximum compensation.
What Do I Need to Prove in a Personal Injury Case in Oklahoma?
Personal injury claims are based on tort law. A tort is an act or omission that causes harm to another person. A tort claim is a civil action brought against the wrongdoer to recover financial compensation for the damages incurred.
Torts can be based on negligence, intentional acts, or strict liability. However, most personal injury claims in Oklahoma are based on the principle of negligence. To be successful in a personal injury claim based on negligence, you must prove four things:
- The defendant owed you a duty of care. For example, all motor vehicle drivers owe a duty of care to operate their vehicles safely to avoid harming others.
- The defendant breached their duty of care by their negligent action or inaction. In a car accident case, you may prove that the defendant breached their duty of care if you can prove that they violated a traffic law or failed to operate their vehicle in a reasonably safe manner.
- The defendant’s breach of duty was the cause of your accident and injury. It is not enough to show that the defendant ran a stop sign. You must show that the act of running the stop sign was the cause of your accident and damage.
- You suffered damages caused by the defendant’s breach of duty. For example, you may be able to prove that you suffered damages with evidence such as medical records or vehicle repair estimates.
These elements seem simple enough. However, they are usually hotly debated and can be challenging to prove. You need an experienced Oklahoma personal injury lawyer to help you establish each element with substantial evidence.
The Burden of Proof Required for an Oklahoma Personal Injury Case
Burden of proof refers to the necessity of affirmatively proving facts in a legal action.
In some legal actions, you may have a burden of proof that requires you to establish a point beyond a reasonable doubt. This burden of proof is evident in criminal cases, where the prosecution must prove that the defendant is guilty beyond a reasonable doubt.
In other cases, you may have the burden of proving facts by clear and convincing evidence. This is a level of proof lower than beyond a reasonable doubt. It requires you to present sufficient evidence to establish a firm belief or conviction in the fact. For example, to be awarded punitive damages in a personal injury claim in Oklahoma, you must prove by clear and convincing evidence that the defendant’s actions were reckless or taken with malice or fraud.
However, the most common burden of proof in an Oklahoma City accident claim is preponderance of the evidence. This is a lower burden of proof than the clear and convincing evidence standard. A preponderance of the evidence means that you must provide evidence that is more convincing than the evidence to the contrary. It is evidence that shows a fact is more probable than not.
To meet the preponderance of evidence burden of proof in a personal injury claim, we use compelling support such as:
- Eyewitness accounts.
- Photographs and video footage.
- Medical records.
- Police reports.
- Expert testimony.
- Digital evidence such as GPS data, cell phone records, and event data recorders.
The pieces of evidence used to prove your case by a preponderance of the evidence depend on the specific facts of your case. Our Oklahoma personal injury attorneys work to uncover essential evidence and then carefully select each item of available evidence to build your strongest case.
Contact a Warhawk Legal Personal Injury Attorney Today
At Warhawk Legal, our Oklahoma personal injury lawyers are committed to protecting your rights and helping you secure maximum compensation for your damages. Call (405) 294-1243 or visit our contact page to schedule a free consultation to discuss your claim.