Broadly speaking, is the plaintiff bears the burden of proving the elements of their case. Having said that, on some specific issues, the defendant may have the burden of producing evidence. In civil cases such as personal injury actions the burden of proof is on the plaintiff to prove each element of their case on a balance of probabilities. The concept of the burden of proof can be complicated and difficult to understand as a legal principle. Essentially, the burden of proof covers two main notions, the burden of producing evidence and the burden of persuasion. In terms of producing evidence, the plaintiff has the responsibility of providing sufficient evidence to prove that a fact exists. The plaintiff has the responsibility of providing sufficient evidence to prove that a fact exists. When a party fails to satisfy their burden of proof there would be insufficient evidence for a judge or a judge and jury to find that a fact exists. For instance, if a person slipped and fell and was injured as a result of the accumulation of ice on property, the injured person would have the burden of proving as one element of their case that ice existed on the property which caused the fall. The evidence has to be such that a rational decision-maker could find on a “balance of probabilities” that ice existed at the material time. The party that has the burden of producing evidence is the party you must establish a fact.
The burden of persuasion in essence means that the injured person has produced sufficient evidence to prove a fact or facts on a balance of probabilities. Balance of probabilities means that the judge believes that it is more likely than not that something happened and therefore the judge can make a finding of that specific fact.
As is the case with law in general, proving the essential elements of a personal injury action can be extremely complicated and it is advisable to obtain the services of a reputable and knowledgeable personal injury lawyer to assist you in pursuing damages as a result of injuries sustained in an accident.
Our Ottawa personal injury and accident lawyers are specifically trained to obtain the necessary evidence required convince a judge or jury of the necessary facts to meet the onus put on injured parties in Ontario.
If you or someone you care about it been injured in an accident, contact one of our personal injury lawyers for free consultation. Our lawyers work on a no fee until you win basis. Contact us at 613-315-4878.
Marc Nicholas Quinn Ottawa personal injury lawyer, Ottawa car accident lawyer, Ottawa slip and fall lawyer, Ottawa trip and fall lawyer, author and mediator firstname.lastname@example.org