When someone suffers an injury or dies due to the negligent or intentional acts of another, the injured person or their family may seek compensation through a personal injury or wrongful death lawsuit. In Nevada, as in most jurisdictions, the plaintiff (the injured person or their family) has the burden of proving their case by a preponderance of the evidence. This standard of proof is less demanding than the criminal law standard of beyond a reasonable doubt, but it still requires the plaintiff to present evidence that is more persuasive than the evidence presented by the defendant.
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Preponderance of the Evidence Standard
The preponderance of the evidence standard means that the plaintiff must prove, by a greater weight of the evidence, that it is more likely than not that their version of events is true. In other words, the plaintiff must present evidence that is more convincing than the evidence presented by the defendant. This standard applies to all civil cases, including personal injury and wrongful death lawsuits.
Burden of Proof
The burden of proof is the obligation to prove a fact or issue in dispute. In a personal injury or wrongful death lawsuit, the plaintiff has the burden of proving the following:
- The defendant owed the plaintiff a duty of care.
- The defendant breached that duty of care.
- The plaintiff suffered an injury or loss as a result of the defendant’s breach of duty.
If the plaintiff can prove these three elements by a preponderance of the evidence, they may be entitled to compensation for their injuries or losses.
Types of Evidence
To prove their case, the plaintiff will need to present evidence that supports their version of events. This may include:
Witness testimony: Witnesses can provide important information about what they saw or heard at the time of the injury or death.
Medical records: Medical records can provide evidence of the extent of the plaintiff’s injuries and the costs of treatment.
Expert testimony: Experts in fields such as medicine or accident reconstruction can provide testimony about the cause of the injury or death or the extent of the plaintiff’s injuries.
Physical evidence: Physical evidence such as photographs, video recordings, or damaged property can provide evidence of the cause of the injury or death.
Defenses
The defendant may present evidence to refute the plaintiff’s claims or to argue that the plaintiff was partly or wholly responsible for their injuries or losses. Common defenses in personal injury and wrongful death cases include:
Comparative negligence: Nevada follows a comparative negligence standard, which means that the plaintiff’s recovery may be reduced if they were partly responsible for their injuries or losses. For example, if the plaintiff was not wearing a seatbelt at the time of a car accident, a court may find that they were partly responsible for their injuries.
Assumption of risk: If the plaintiff knowingly and voluntarily assumed a known risk, such as participating in a dangerous activity, the defendant may argue that the plaintiff cannot recover damages for injuries resulting from that activity.
Contributory negligence: In some cases, the defendant may argue that the plaintiff’s own negligence caused or contributed to their injuries or losses, thereby relieving the defendant of liability.
Conclusion
The preponderance of the evidence standard requires the plaintiff in a personal injury or wrongful death lawsuit to prove their case by a greater weight of the evidence. This standard is less demanding than the criminal law standard of beyond a reasonable doubt, but it still requires the plaintiff to present evidence that is more persuasive than the evidence presented by the defendant. To succeed, the plaintiff must prove that the defendant owed them a duty of care, breached that duty, and caused the plaintiff’s injuries or losses. Defenses such as comparative negligence, assumption of risk, and contributory negligence may be raised by the defendant. It is important to consult with an experienced personal injury or wrongful death attorney if you have been injured or lost a loved one due to the negligence of another.