The amount of evidence presented by either party in a personal injury case serves to strengthen or weaken the body of proof. Each element of a presented claim must be proven as having been more likely or not to have existed at the time of the injury-causing accident.
To what extent does the evidence showcase the existence of a winning body of proof?
The evidence needs to show that there is a 51% chance that the presented facts are true. It does not have to establish the veracity of those same facts beyond a reasonable doubt. That is the significance of the evidence threshold.
When a plaintiff’s evidence falls below that threshold, then it helps the defense to put forward a counter-argument. For instance, suppose that one man had chosen to have-a-try at a relatively new activity, the hatchet toss. Suppose that he got injured while throwing one of the hatchets. How could a lawyer’s understanding of the evidence threshold work to strengthen or weaken that man’s case?
A personal injury attorney that has agreed to take that man’s case should become acquainted with the rules that govern the hatchet toss. Only an understanding of those laws would allow identification of the known and accepted risks that were linked to pursuit of that activity. Still, evidence thresholds apply to both the plaintiff and the defendant.
In the above case, how would the defendant need to come forward with suitable evidentiary material?
The defense lawyer for the facility that had offered the hatchet toss might claim that the former customer, the plaintiff had been aware of the risky nature of a hatchet throw. Yet, a personal injury lawyer, one advocating for the plaintiff might insist on presentation of a more affirmative defense.
The defense tries to cast doubt on the strength of the plaintiff’s argument. In order to counter that tactic, the plaintiff’s lawyer needs to cast an air of doubt around the claims being made by the defendant’s legal team. Personal injury lawyers that demand an affirmative defense make an effort to create that air of doubt.
The defendant’s legal team could present an affirmative defense, if it could show that the plaintiff had signed a form that attested to his assumption of the known risks. The person that has chosen to operate a facility that aids performance of a risky activity should ask each customer to sign such a form. The signature on the form affirms any claim that the plaintiff/former customer had accepted the existence of a known risk.
The legal system strives to insist on the existence of a fair legal process. Hence, during a personal injury case, both sides must meet the obligation to satisfy the established evidence threshold. If a personal injury lawyer in London has satisfied that particular threshold, then that same attorney should win the client’s case.