There are many times when you’re stuck in a business argument and you’re unable to find a resolution or justice for something that happened to you or your company. There are times when you, as an individual, have something against a company that owes you either money or did you do something wrong that you want justice for. In all these times, the one thing that you wonder is how can I make this right? At this time, the one thing that you require is a lawyer. However, before you make that decision, there are a few things you might want to consider.
Right to file a lawsuit:
The first and foremost thing you need to do is that you need to find out whether or not you have the right to file a particular lawsuit. To file in a lawsuit, you need to make sure you are someone who is being affected by a legal dispute under legal laws. In the legal language, this thing is called having “Standing” to file a lawsuit.
To understand this in a better way, let’s take an example of an accident. If you were around an accident, you are not eligible to file a lawsuit against the person who was involved in an accident, however, if you were damaged because of that accident, you have every right to file a lawsuit against the person.
Similarly, if you’re going against a company, you need to make sure what you’re suing a company for is completely legal and you have the right to sue them for that particular thing.
Understanding Civil Lawsuits:
Civil lawsuits are when one party files a lawsuit against another party for a wrongful act. Here, both the parties are actively involved and unlike criminal lawsuits, in this one, you have the right to compensate instead of throwing the opposing company under the bus. Civil lawsuits are the ones that are used when it comes to business disputes because here you’re not looking to completely shut down the company, you’re usually looking for a fair amount for the wrong they’ve done to you.
There are different types of civil lawsuits as well, they’re mentioned below:
- Contract-based: These include the lawsuits against another company that broke a rule or didn’t follow the rules and regulations on a particular contract that was signed before or at joining.
- Copyright: If another company stole your content, or used it without your consent or without paying for it, you have every right to sue that company
- Bad reviews: If your competitor company gave you a bad review, you have the right to sue them at that as well.
Who are you suing?
The next step for suing a company is to make sure you know who you’re suing. this sounds a little odd because if you’re suing someone, obviously you would think you know them but here’s the catch. You should be sure if you want to go after the entire company or one person because that would determine the amount you would get from that lawsuit. Other than this, If you know the person/company you’re going after, you can also measure whether or not it would be worth your time and effort.
The point that needs to be understood here is that you need to make sure that where your efforts are being put, whether or not, it would give you back more than you’re willing to spend on it. Know your nemesis.
Know the amount you’ll get:
If you’re suing someone, you’re going to expect them to settle down with you with a good bunch of money but how much is enough? When you’re filing a lawsuit against a company, you need to make sure they’re not just throwing you a bone. Get what they owe you and more. If you’re well aware of how much the company you’re suing makes in a year, you ask for double the price of that because you know what they’ve done and you know that if they want to save themselves, they would have to pay you a lot more than they make.
Find the right Jurisdiction:
Another important step while trying to sue a company would be to find the right jurisdiction. Make sure you have the court figured out completely, where your lawsuit must be tried. Now, it’s possible that the Jurisdiction depends on where the plaintiff lives or the defendant or the event took place. Jurisdiction can also be based on both types of cases or the type of crime.
Here’s the thing, if you’re an individual looking to sue a company for a wrong, they did to you, a demand letter is going to be your best friend. You can not go up to a court yourself and expect to get paid what the defendant owes you. You’re going to need a proper, detailed explanation. If you’re with a company, they would handle it themselves but as an individual, with a lawyer, this is something you’re going to have to do yourself.
A demand letter includes the amount the company owes you for the wrong they did you. It should be detailed and should have enough evidence for the court to approve.
Injunction is important:
When you file a case against someone, it is pretty natural that they react to harm you. Or they would want to harm you in some way. To prevent that from happening, you need to make sure to get an injunction. To get a better understanding of this, let’s take an example of a trademark case. Let’s say you need to stop someone from using your company’s trademark, here you can get an injunction. It is basically a court order that does not and will not allow the defendant to harm you or your company in any way. For this to be created, you would need your attorney’s help.
Get a date and file a lawsuit:
The final step is to get a court date and get out there. Fight for your company’s justice or yourself with support of Tribeca Lawsuit Loans. Get the amount they owe you and win the case!
Zantac or ranitidine hydrochloride is an over-the-counter medication used to treat stomach acidity (by blocking histamine receptors in the stomach), heartburn, as well as gastric and duodenal ulcers. It has been in the market since the 1980s, with doses that range from 75 to 150 mg per tablet.
In September of 2019, however, a Connecticut-based pharmacy named Valisure, alerted the U.S. Food and Drug Administration that it had found NDMA, a cancer-causing chemical, in samples of Zantac and ranitidine. The FDA then confirmed that they were able to discover carcinogenic contaminants in Zantac on September 13, 2019. Their examination revealed that the popular heartburn medication had an NDMA concentration of up to 300 times higher than the daily recommended limit level by the FDA. The exposé would later result in the Zantac cancer lawsuit, with the affected persons filing cases in court for compensation.
After the FDA revealed Zantac’s potential to cause cancer, many global retailers took the medication off their shelves. Sanofi, a Zantac manufacturer, recalled the medication in the United States, Canada, and the U.K. On the other hand, Teva Pharmaceuticals and GlaxoSmithKline or GSK, which are some of the biggest drugmakers in the world, also recalled ranitidine. Since then, several countries have either sanctioned or halted the sale of ranitidine. Other countries have even issued warnings and launched their independent investigations following the initial recall of Zantac. Some of the types of cancer that are associated with Zantac use include:
- Bladder cancer
- Colorectal cancer (colon and rectal cancer)
- Intestinal cancer
- Esophageal cancer
- Kidney cancer
- Liver cancer
- Lung cancer (non-smokers)
- Ovarian cancer
Zantac Cancer Lawsuit
Numerous people who had contracted cancer after taking Zantac later turned to courts to file a Zantac cancer lawsuit, which holds Zantac brand companies, like Sanofi and Boehringer Ingelheim, responsible for completely disregarding human health in their quest to gain profits.
The primary claim of the lawsuit is that Sanofi, Boehringer, and other defendants failed to warn people about the side effects of the drug. The lawsuit further argues that ranitidine was unstable, and could easily form NDMA when it gets in contact with stomach conditions or nitrate elements that are commonly found in grilled meat and preserved food, such as hotdogs and bacon. The Zantac lawsuit demanded compensation for those who have ended up developing cancer as a result of the use of this drug.
Recently, the United States Judicial Panel on Multidistrict Litigation has merged lawsuits under U.S. District Judge Robin Rosenberg in the southern district of Florida. The panel is said to have indicated that the antacid drug case has the potential to be extensive litigation, with over 140 lawsuits already filed pending determination in the newly formed MDL No. 2924.
Joining the Zantac Lawsuit
Due to the Zantac medical malpractice, attorneys have been accepting claims. But for you to be able to join in the Zantac lawsuit it is a requirement that you meet the following conditions:
- You have proof that you have taken Zantac – as a claimant you have to prove that you used Zantac or any ranitidine medication. This can be shown through medical records, receipts and doctor’s notes.
- Confirm a cancer-related diagnosis – any potential claimant must confirm that they have been diagnosed with a cancer-related diagnosis that is linked to NDMA such as colorectal, bladder or esophageal cancer
It is important to note that only lawyers will be able to effectively evaluate a claim through gathered medical records and other pieces of evidence.
Types of Zantac Lawsuits
- Zantac Class actions Lawsuit:
Lawyers have been filing several Zantac Class actions on behalf of the residents of Florida, Connecticut, Massachusetts, New Jersey, and California. The class-action allows anyone who happened to have bought the antacid to get refunds for their spending. The argument is based on the fact that the manufacturer was ignorant of their failure to warn the public about the risks of NDMA cancer.
- Zantac Lawsuit
In the Zantac lawsuit, we have Zantac’s personal injury and Zantac’s wrongful death lawsuits. Both should be filed in the court by persons who developed cancer after taking the drug. The Zantac lawsuit enables affected individuals and families to gain necessary compensation for their injuries. Despite the variation in law from state to state, it is essential to know that the law will still allow you to receive compensation for medical bills, lost wages, pain, and suffering as well as the loss of past and future earnings.
Since Zantac or ranitidine hydrochloride has been proven by the U.S. Food and Drug Administration to have cancer-causing chemicals, a number of countries and drug-making companies have recalled the product to prevent the public from further exposure to the cancer element.
Americans spend over 1 million days in the hospital each year from auto accident injuries. If you’ve recently suffered injuries from an auto accident, then you have a right to file an auto accident lawsuit.
But it doesn’t end there. You can unknowingly do something that will cause you to lose your case. Keep these tips in mind so that you don’t sabotage your lawsuit.
Failing to Document Your Injuries
If you suffer injuries in an auto accident, you need to document them. Take pictures immediately after the accident. If bruising develops over the next few days, take photos of them too.
You should also seek medical treatment immediately after and in the days after your accident.
Signing Your Rights Away
Never sign anything without your attorney looking at it first. The fine print can get hidden in the legal jargon that you may miss. This will cause you to unknowingly sign away your right to seek an injury claim later on.
Other releases may have you giving the insurance company access to your entire medical history. This violates your privacy.
Posting on Social Media
Don’t talk about your accident or your case on social media. The best thing to do is not to post at all.
Don’t think you’re safe because your profile is set to “private.” Investigators can find your posts, even if you have private settings engaged.
The insurance company and their lawyers will argue that you’re not really injured based on your social media posts. Remember, once you post something on the internet, it’s there forever.
Don’t Talk About Your Case
It’s tempting to talk about your case, but don’t do it. Defense lawyers, insurance companies, adjusters, and sometimes jurors will contact you to talk about the case. Do not engage with them.
The only thing you should do is direct them to your auto accident lawyer. Your attorney can answer any questions anyone may have.
Getting Caught During Surveillance
Once you file your claim, you need to be on your best behavior. Expect the insurance company to hire a private investigator to conduct surveillance on you. They will take photos and videos of you.
If you tried to do something questionable one day, admit to it. People will understand if you felt good one day and attempted to do more than your usual.
What people won’t understand is if you lie about what you’ve done. This makes you look untrustworthy and lack credibility. This will tarnish your reputation and make people question everything.
Missing Doctor’s Appointments
There is no excuse for missing your doctor’s appointments. This will be seen as not taking your claim seriously because you’re not that badly hurt. You need to show that you’re taking your recovery seriously and making every effort to heal.
Not Hiring Legal Representation
The legal process is a lengthy and complicated one. This becomes even more complicated when it’s an auto accident injury claim. You need experienced legal representation to ensure you ask for the entire amount possible.
Prepare for Your Auto Accident Lawsuit
If you’ve recently suffered injuries in an auto accident, then you may want to consider filing an auto accident lawsuit. The first step is to seek legal representation. From there, follow these tips to ensure you don’t sabotage your lawsuit.
Browse our other legal articles for more helpful information.
It isn’t enough to say “safety first” if you want to comply with government regulations regarding workplace safety. You need to take steps to protect your staff and ensure they’re putting safety first because you can’t afford to ignore potential issues.
OSHA fines have been rising steadily since 2016, and they have jumped from seven thousand to more than twelve thousand dollars. Fines of over 100,000 dollars are not unheard of either, especially for repeat offenders. Here are a few tips on how to avoid OSHA violations and lawsuits.
Pay Attention to Electrical Safety
Poorly installed electrical equipment and wiring don’t just blow out fuses and circuit breakers. They can spark costly electrical fires and injure people. In a worst-case scenario, problems with wiring or equipment can electrocute someone. That’s why it is one of OSHA’s top ten safety violations.
One solution is to ensure that people are using the right electrical equipment for the job. Don’t use indoor extension cords outdoors. Flexible cords and cables shouldn’t be used for permanent wiring. And no one should be working with electrical systems without proper training. Ensure that everyone can use lockout tagout locks so that items turned off while being worked on stay off until the work is done.
We aren’t talking about fire drills and first aid training, though that should certainly be implemented by every company. We’re suggesting taking steps to prepare for potential OSHA inspections. Have a plan for handling OSHA instructions. Practice having the worksite inspected by OSHA down to employee interviews and presenting any requested records. Verify that your employees understand their rights and responsibilities and that they follow through.
Implement a Fall Protection Program
Fall protection equipment is commonplace, whether your team is climbing on roofs or working near excavated trenches. A relatively new requirement that went into place in 2017 requires companies to provide fall protection training to their employers. They should know the proper procedures to minimize the risk of falling as well as how to properly use fall protection equipment. Then you can enforce safety rules because you can’t afford for OSHA to fine you after someone fell when they weren’t wearing a harness.
Install Machine Guards
Machines without machine guards are a threat to worker safety. This is true whether it exposes someone to moving parts that could crush fingers or flying pieces that could blind them. Crushing, maiming, burns, and lacerations are just some of the hazards that people are exposed to without guards. Having machine guards installed is only the first step. The next is ensuring people know not to remove them so they can fix something and report damaged guards or malfunctioning machines to mechanics who can work on it safely.
Allow people to speak up freely about safety hazards. They should be able to report issues without fear of retribution and in an anonymous way. Nor is it good enough to give them access to a suggestion box or tell them to inform a supervisor who may ignore the issue.
Have systems in place so that anonymous reports will be logged and hazards flagged and handled properly. Your organization will benefit when your team can make suggestions to improve workplace safety. Take it to the next level by making employees responsible for safety, conducting walkthroughs and stopping work if problems are discovered.
Beautiful safety manuals aren’t good enough to keep workers’ compensation, medical bills, and OSHA compliance costs down. You need to set up systems and maintain them to protect both your people and your company’s bottom line.
You open up your mail, and there it is. You just got a notice saying that you’re getting sued over unpaid debts. It’s a terrifying prospect for thousands of people. About 15% of people who received a collections call are sued.
You may feel like you’re out of options, but that’s not true at all. There are ways that you can beat a debt lawsuit.
Read on to learn how to win a debt lawsuit.
The Rise of Debt Lawsuits
Why have so many debt collectors filed lawsuits over the past several years? ProPublica spent years analyzing data from debt lawsuits across the country.
They discovered a lot of interesting findings. The conclusion was that the rise in debt lawsuits was largely due to debt buyers.
When you stop paying a credit card bill, the credit card company will sell that debt to try to recover some of the costs. This debt gets sold for a few cents of every dollar of debt.
Debt buyers want to get their money back and make a profit, so they’ll do everything possible. That includes filing a debt lawsuit claim.
How to Win a Debt Lawsuit
A debt lawsuit notice isn’t the end of the world, though it may feel that way. There are steps you can take to protect yourself and win a debt lawsuit.
1. Know Your Rights
It’s essential that you know your rights as a consumer. Debt collections companies have a reputation to overstep boundaries and laws meant to protect you.
The main thing to know is that it’s up to the collections company to prove that they have a right to sue you. They have to prove that the debt is yours and for a certain amount.
2. Hire a Law Firm
You’ll want to hire a law firm to help you with a debt lawsuit. Once a lawsuit is filed against you, everything has to go through the courts. Your responses will need to be legal documents and sent to the court clerk.
A law firm will know what your options are and how to win your case.
3. Respond to the Notice
You may want to ignore the notice because the collection company is wrong. That’s the worst thing you can do because nonaction can be held against you in court.
A judge will likely rule in favor of the collections company. You have to respond within the given timeframe. That’s why it’s important to reach an attorney right away.
Protect Yourself in a Debt Lawsuit
A lawsuit over debt is scary. Yet, there are ways to defend yourself and have peace of mind.
Your best defense to win a debt lawsuit is to work with an attorney. They are aware of your legal rights and will protect them. An attorney will also advise you on the best course of action to win the lawsuit.
Visit this site often for more useful legal articles!
If you expect a lawsuit judgment or settlement in your favour but need the money right now, you might want to consider looking into lawsuit loans. Also known as settlement loans, these lines of credit provide you with fast access to money that you know will be coming. The information provided below is intended to help people who want to know how lawsuit loans work. This will help you better understand the loan process and figure out whether these loans are the best option for your situation.
How Do Lawsuit Settlement Loans Work?
Lawsuit settlement loans work in much the same way as any line of credit: you need to apply for them, receive approval, and then pay back the money you borrow over a period of time. Lawsuit settlement loan companies view these loans as somewhat more secure than many other lines of credit because there is more of a certainty that funds will come in. You normally receive a lawsuit loan as a way to bridge the gap between when you receive a settlement in your favor and when the money actually comes in. That way, if you find yourself struggling with financial hardship as a result of an injury or another factor beyond your control, you can still make ends meet while waiting for your settlement.
When Do You Need a Lawsuit Settlement Loan?
People often consult lawsuit settlement loan companies about their options when going through a personal injury case or similar court procedure. An injury situation leaves you out of work and unable to bring in important income. While a personal injury settlement can help cover your expenses, the money might take time to come in. This is where a lawsuit loan comes in particularly helpful. You can get the money quickly, use it as needed, and then pay it back after receiving your settlement. Because the loan has an easier application process and a lower interest rate than most credit cards, this gives you the ability to handle your immediate expenses without racking up a lot of long-term debt.
How Do You Get a Lawsuit Loan?
You should begin your search for a lawsuit loan the same way you start any decision regarding personal credit: with an appropriate amount of research into the matter. You should find a settlement loan that provides you with an amount, interest rate, and terms of the agreement that you feel comfortable with. After that, most lawsuit settlement loan companies provide an easy online application that takes only a few minutes. Following the application, you should have your decision—and your money—within 24 hours or less. Ideally, it is best to find a loan that deposits the funds directly into a bank account. This allows you to access your money immediately.
If you are going through difficulty with a lawsuit or personal injury settlement and need money fast, a lawsuit loan is a good option for you. This allows you to avoid potential financial hardship with reasonable rates that allow for fast repayment of your debt.
A wrongful death lawsuit is filed after a loved one passes away, where their death was avoidable. The lawsuit is taken against a person or company where they have been found to either be negligent or have intent. The person filing for the lawsuit must also be suffering financially as a result of their death. You can find out more about filing for a wrongful death lawsuit here.
Wrongful death lawsuits are common and occur for several reasons. Primarily medical malpractice, road traffic accidents, work accidents or exposure to dangerous chemicals. There have also been several famous cases of wrongful death lawsuits, here are just five of them.
Phil and Brynn Hartman
Brynn shot her husband in 1998 and then killed herself. She had been taking Zoloft, an anti-depressant medication. Her family filed a wrongful death lawsuit against Pfizer Pharmaceuticals who manufactured Zoloft.
Wrongful death claims against pharmaceutical companies are common and in the US right now several are being taken out against opioid manufacturers such as Purdue Pharma.
Aaliyah was an R&B singer and actress who died at just 22 years old in a plane crash along with eight others. Her parents filed wrongful death lawsuits against the airway company and virgin records. The pilot was found to be unqualified and the plane was overloaded.
In 2006 a child went missing. The mother was interviewed by Nancy Grace who worked for CNN. The mother was not a suspect in the disappearance of the child. Despite this, Nancy questioned the mother about where her son was, even suggesting that she may have killed him.
The 21-year-old mother went on to commit suicide not long after the interview. The family suicide Nancy Grace for $200,000.
O J Simpson
Between 1994-1995 the double murder trial against O J Simpson was televised for the world to see. Simpson was a famous footballer and the trial made headlines across the world. His ex-wife Nicole Simpson and her friend Ron Goldman were found stabbed to death. Simpson was acquitted of the murders, however, later the victims’ families filed a wrongful death claim. Simpson was found responsible and was made to pay out $33.5 million to their families. Simpson was found liable but not guilty.
In the 1970s Ford, a car manufacturer, brought out the Ford Pintos. It was a very popular model but its gas tank faced the back of the car. As a result, any rear-end collision could result in the gas tank exploding. During manufacturing, it is said that Ford knew the risks but that the design would have been costly to change.
Many Wrongful death claims are made against car manufacturers. Most recently, Takata, a Japanese company were found liable for several deaths after their airbags exploded and sent pieces of metal flying at other people on the road. They were said to know about the potential dangers ten years before the vehicles were recalled but chose not to act because of the cost.
Everyone knows that Wal-Mart is one of the countries largest companies in the world. The Waltons (the family who owns the chain) are worth more than 140 billion dollars. And with their claims that they are the largest employer in the country with over 1.4 million staff, you might get the idea that they are a great company to work for. However if you dig a little deeper, you might see otherwise, especially when you look into things like this Walmart class action lawsuit.
Unfortunately, WalMart has destroyed as many small businesses and small families as it has employed. Due to their power, they abuse industry loopholes to get away with things most companies could never dream of.
I am going to show you some reasons to never frequent this monstrous store ever again,
WalMart apparently uses sweatshops
This one is pretty self-explanatory, the company often promotes “Buying American” when in fact, most of the companies products are supposedly sourced from sweatshops in third world countries. You definitely are not buying American in WalMart.
WalMart is terrible for your town’s economy
Although the advertising geniuses at Walmart may con the public into believing a new store opening is great for a location’s economy. In fact, studies have shown that over 20 years the economy of a town will be decreased by over 10 million dollars. The study also proved that a population will miss out on nearly $15 million in wages over the same period.
WalMart workers face terrible conditions
Studies released this year have shown Walmart to be the terrible employers they really are. They often pay extremely low wages and use loopholes that means some workers actually pick up less than minimum wage.
They also have a proven track record for abusing workers’ rights. They often unlawfully threaten, discipline and fire workers just for taking part in legally protected strikes and protests. Walmart even teaches its managers to threaten and stop workers who want to speak out about the company.
Products aren’t any cheaper
Even if you still want to shop at Walmart after learning how they abuse workers’ rights and use sweatshops, then maybe this will put you off.
Thousands of hours of research has been done by comparison sites, and what they found was rather shocking.
Walmart is actually more expensive in many areas then all of its competitors. They use tricks and marketing techniques to make you feel like you are getting a deal, when in fact, you are still paying over the odds. Often they put up prices by 50% then put those items on sale for 30% off, you can do the math here.
The categories they found were more expensive at Walmart were the following, organic produce, batteries, furniture, and electronics. If you want to save money and get a good deal on the above categories, we advise you not to shop at Walmart
Walmart’s PR team does a great job of painting a picture that the company is an “All American” brand. And yes, they do employ a lot of people, but when you dig a little bit deeper, you start to see the cracks in their golden boy routine. I would advise anyone who cares about American workers rights to avoid shopping here.
When vaping was first marketed, people sold it as the solution for smokers’ woes. It was advertised as a sleek and healthy alternative to smoking people could pick up instead of cigarettes.
As it turns out, those were lies and now people are getting sick, or even dying, as a result of vaping.
Since vaping companies failed to disclose how dangerous their products were, e cig lawsuits are piling up. People are seeking justice for suffering breathing and even neurological injuries from vaping.
They thought it would be safer to smoke compared to cigarettes, and they were turned into fools for it.
Lungs are only ever meant to inhale clean, fresh air, and breathing in anything other than air can have health effects. Yet, few are as severe as what some vapers are dealing with now as a result of companies’ negligence. And if you got sick as a result of e cigs, keep reading below to learn about what you can do.
Sick People Are Filing E Cig Lawsuits
Nobody files a lawsuit against companies as big as JUUL Labs, Altria Group Inc., and Philip Morris USA Inc. unless they have a reason. They need to be motivated enough to work through the mountains of paperwork and hours in board rooms that go into a lawsuit.
Yet, the injuries from smoking e-cigarettes are motivation enough for most people.
They want to make sure nobody else falls victim to vaping, and that they get what’s owed them. The people filing lawsuits want justice done, and they’re not willing to let companies get away with the illnesses they’ve caused.
Seizures Are Common Among Heavy JUUL Smokers
After a 15-year-old girl began suffering seizures, her parents filed a lawsuit against JUUL. They believed that nicotine caused her ailment, and that the company marketed itself to teens intentionally. The company sought to create a new market for teen smokers by advertising a safe version of smoking.
Those claims turned out to be wrong, and the FDA opened an investigation into the safety of JUUL products. They found 32 other reports of seizures linked to the nicotine in JUUL products. As a result, the company paid fines and had to change the way it marketed itself.
Breathing is Becoming a Challenge for Vapers
Seizures aren’t the only illness vaping caused. Several people developed difficulties breathing as a result of vaping, and some have even died as a result of it. When vaping-related fatalities first started being covered by the media, nobody knew what was causing them.
Since then, research has pointed to oils found in the lungs of vapers as the likely cause. The oils from vape juices solidify in people’s lungs, filling up the space that would normally be used for air. As a result, people are unable to breathe in enough oxygen to keep their organs from failing.
While most of these illnesses come as a result of prolonged use, vaping is still dangerous.
At least until companies learn from their mistakes, and from the lawsuits filed against them, it may be best to stay away from vaping.
Vaping Lawsuits Aren’t Blowing Smoke
Lawyers and victims alike aren’t allowing companies to get away with how they lied to people. One of the main points of several e cig lawsuits is that they lied to customers. Many advertised themselves to be safer than cigarettes, while that simply wasn’t true.
And as a result of their lies, people are suffering. People all across the world are looking for help getting justice. And if you’re one of those people who deserve to be part of a lawsuit, just use our lawyer directory to help you find a lawyer to represent you!
Despite what we see on tv, only 4%-5% of personal injury cases in America ever make it to trial. The rest are settled out of court.
However, in order to reach a settlement, the plaintiff must understand that the burden of proof in civil cases rests entirely on them. If you’ve been injured and someone else is at fault, you’ll need to provide a standard of proof in personal injury lawsuits in order to receive any money.
If you’re wondering about the burden of proof in personal injury and how to build a strong defense, keep reading. We’re going to share with you everything you need to know to get the compensation you deserve.
What the Burden of Proof in Civil Cases Means
The burden of proof in personal injury lawsuits falls to the injured party. It’s their responsibility to convince an insurance adjuster, judge or jury that the person or business being sued is solely responsible for causing the injuries.
The standard of proof in personal injury lawsuits refers to how convincing the argument must be to convince the judge, jury or insurance adjuster into believing it’s true.
Standard Burden of Proof Must Be Higher than 50%
While criminal cases must prove the case is “beyond a reasonable doubt,” in a civil personal injury claim, the burden of proof is thankfully much lower. The burden of proof in tort law is to make a convincing argument that the civil injury claim is “more likely than not” true.
What that means is that the evidence being presented by the injured party is true by at least 51%. Meanwhile, the defendant does not have to prove that his or her version of events is true at all.
Nor do they have to convince a judge or jury that there is an alternative version of events.
The only exception to this rule is when a defendant tries to prove an affirmative defense. An affirmative defense is when the defendant provides and proves additional facts that can defeat the plaintiff’s claim.
And they only need to provide enough proof that the defendant’s claim is most likely true than not.
How to Gather Evidence to Prove Your Case
The most important element in learning how to build a strong defense is to gather the proper evidence to support your claim. It’s always helpful to work with a knowledgeable attorney who can help you determine which information and evidence will help you win.
As in the case of truck accident law, the more information you have with an attorney who handles those types of cases, the more prepared you are to present sound evidence to the judge or jury.
When to Start Gathering Evidence
As soon as you’re injured, you should begin gathering evidence. If you can, have photographs and video taken at the scene. Pictures don’t lie and they are a great way to sway a judge or jury quickly.
You should also gather the names, addresses, and contact numbers of any witnesses to your injury. You’ll want to follow up with them to get their statements as soon as you’re able.
Get Copies From the Police and Doctors
Next, order a copy of the police report. You should also request copies of all medical records and bills pertaining to your injury.
Later on, you can order a copy of the police report and request copies of all your medical records and bills.
The Discovery Process
While the evidence mentioned above is often enough standard of proof in personal injury lawsuits for a small claims court, you’ll be required to participate in the discovery process for any lawsuits filed in a higher court.
While you can file and pursue a case in small claims court on your own, you should definitely hire a personal injury attorney to help you with the discovery process.
Information Your Lawyer Will Collect for Your Case
The lawyer will use requests for admission, subpoenas, and interrogatories to gather information which will be used as evidence such as:
- Driving and arrest records
- Asset checks
- Insurance policy limits
- Proof of other sources of insurance money
- Phone records from the defendant
- Surveillance films from businesses
Your attorney will then find a way to present this information to a jury in a way that’s easy to understand.
What You Must Prove in a Prima Facie Injury Case
Prima facie is Latin for “on its face” meaning you just have to prove that you have good reason to claim the defendant is at fault for your injuries. However, you’ll be required to prove that the defendant:
- Was directly responsible for causing your injuries through their negligent act
- Deliberately did something wrong or failed to act in a way that any reasonable person would do
- Had a duty of care to prevent harm to other individuals
- Was in breach of their duty of care
But it’s not enough to prove that the defendant was at fault.
Providing Proof of Real and Measurable Damages
You must also prove that you suffered damages that are both real and measurable such as:
- A loss of wages
- Pain and suffering
- Have out-of-pocket medical expenses
- Medical bills
It will be the weight of your evidence that convinces a judge or jury to rule in your favor.
Why You Need an Attorney
If your case is worth enough that you need to pursue it in a higher court, you’ll need a personal injury lawyer to receive the best outcome. Not only are trial lawyers well-versed in this particular area of the law, but it will take hours for them to prepare for your trial.
A good personal injury attorney knows where to find the strengths and weaknesses of your case. And they can also understand and utilize the evidence the defense is planning to offer through discovery.
If there is any evidence that the defense puts forth that may eliminate or refute your claim, the attorney can work to strengthen any favorable evidence. And they also know how to convince a jury and judge to rule in your favor.
Find a Good Lawyer Today
Now that you understand how and why the burden of proof in civil cases lies with the injured party, it’s time to find a good lawyer.
Not only can they help you get the money you deserve, but they will also make sure it happens before the statute of limitations runs out. Search our directory to find a qualified personal injury attorney near you.