To get compensation in most injury cases, be it a car accident, 18-wheeler, slip-or-trip and fall, medical malpractice, you don't need evidence beyond a reasonable doubt. But there are exceptions, and failure to present evidence correctly can wreck your case. A South Carolina personal injury attorney explains.
Here's a question we get.
Do I have to prove my injury case beyond a reasonable doubt like a criminal case?
No. In an injury case you only have to prove it's more likely than not the wrongdoer caused both the accident and your injuries.
Now there are some exceptions I mean that's what the law is famous for, right? Punitive damages, which basically punish for reckless conduct, have to be proven by clear and convincing evidence, which is still less than beyond a reasonable doubt. Proving your need for future medical care requires medical testimony it's reasonably certain, which can be less than fifty percent chance. Needing less proof than in a criminal case doesn't make your case any easier. You've got to prove your injuries to a skeptical insurance company which hates paying even if you deserve it and you may one day have to prove your case to 12 jurors.
You’ve always got to be careful about medical proof. Improper medical evidence can ruin your right to compensation. Don’t risk messing up your case. The best way to protect yourself is to hire a professional who's proven at gathering this evidence and presented convincingly. So if you've got questions about the evidence in your case send us an email or call us at 864-582-0416 to see if we can answer. I thank you for thinking about this with me and I hope soon.