What is the Burden of Proof?
A Burden of Proof is the responsibility to demonstrate the accuracy and truthfulness of one’s claim; the party with the burden of proof must provide evidence to support their claim. In legal proceedings, the burden of proof can lie with either the plaintiff or the defendant, depending on the type of case and the specific claims being made.
According to Black’s Law Dictionary, the burden of proof is defined as “A party’s duty to prove a disputed assertion or charge.” This definition underscores the responsibility placed on a party to provide sufficient evidence to convince the judge or jury of the truth of their assertions.
Examples vary depending on the type of case. In civil cases, the burden of proof is typically on the plaintiff, who must prove their case by a “preponderance of the evidence,” meaning that it is more likely than not that their claims are true, while in criminal cases, the burden of proof lies with the prosecution, which must prove the defendant’s guilt “beyond a reasonable doubt.”. Having a clear burden of proof includes ensuring fairness in legal proceedings protecting individuals from unjust accusations, by promoting thorough and diligent presentation of evidence.
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Dedicated Workers’ Compensation Lawyer
When you sustain workplace injuries or illness, you may wonder how you can afford your medical bills or how you’ll get paid for missed time from work. Fortunately, workers’ compensation benefits cover most employees. However, these benefits may not be as straightforward as they seem. Many times, the insurance provider will try to deny your claim. They may try to say your injuries were not sustained while on the job, your injuries are exaggerated, or you failed to file your workers’ compensation claim correctly. If this happens, you need a skilled workers’ compensation lawyer to help you with your workers’ comp claim.
If you’re having trouble with your workers’ compensation claim, speak with a personal injury lawyer at Munley Law Personal Injury Attorneys. For 65 years, our workers’ compensation attorney has been helping injured workers file workers’ comp claims and get the benefits they are owed. […]
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Chances of Winning a Wrongful Death Settlement
The sudden loss of a loved one can be emotionally and financially devastating, making a wrongful death lawsuit a viable option for many families. Understanding the legal process and the factors that can affect the chances of winning is crucial before proceeding with a claim.
Understanding the Chances of Winning a Wrongful Death Settlement
Many plaintiffs find that, depending on the circumstances of their case, there is a high likelihood that they will reach a settlement. Several factors can influence the chances of success in a wrongful death claim, including the strength of the evidence, the clarity of liability, and the presence of any contributing negligence. Additionally, the experience of your legal representation can significantly impact the outcome. Recent data indicates a more favorable outcomes for plaintiffs in wrongful death lawsuits in Pennsylvania.
A wrongful death attorney who is well-versed in wrongful death cases can help advocate for your rights, […]
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What’s the Difference Between Premises Liability and Personal Liability?
If you’ve experienced a loss or injury, it’s important to determine whether the blame falls on an individual’s behavior or a hazardous condition on a property. This is why it’s important to understand the distinction between premises liability and personal liability. Both terms relate to the legal responsibility that may come into play in liability cases when victims seek justice and compensation from an individual or a property owner through a legal claim.
Understanding Premises Liability
For those injured on someone else’s property, understanding premises liability is necessary to explore options for justice. This area of law holds a property owner responsible for maintaining a safe environment for residents, employees, and visitors alike. When a property owner neglects this duty, they may be held liable for any injuries sustained.
Common types of premises liability claims include slip and fall accidents, […]
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Hospital Negligence Claims in Wilkes-Barre, PA
Going to the hospital is scary. One of the few comforts is knowing that you’re in the hands of medical professionals whose job is to make you feel better. So, where do you turn when the medical care harms you?
Hospital and medical negligence is becoming more prevalent in Wilkes-Barre, Pennsylvania, and the United States. Hospitals are consistently understaffed, and the healthcare and insurance systems strain doctor-patient relationships. There is an increasing problem with systemic negligence in medical clinics, emergency departments, and hospitals. Hospital negligence leads to misdiagnosis, delayed diagnosis, medication errors, surgical errors, and more. The results may not be a reversible error and can be devastating to the patient.
If hospital negligence resulted in an injury or worsened illness, you have the right to pursue a medical malpractice lawsuit against the liable parties. […]
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Personal Injury Glossary Terms
This glossary provides a quick-access resource for looking up definitions of terms you will likely encounter while seeking compensation.
A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W
A
Accident Report — A detailed official record of an incident created on-site by an authority figure such as a police officer or hospital staff member.
Act of God — An unforeseen event caused by natural forces without human involvement that couldn’t have been prevented with reasonable care, […]
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