The Burden of Proof in Personal Injury Claims: Nova Scotia Personal Injury Lawyer John McKiggan Explains

Nova Scotia personal injury lawyers at McKiggan Hebert Lawyers help clients throughout Nova Scotia who have been seriously injured.

Common Question

One of the most common questions we are asked is: “How do I prove my claim?”

In any injury claim, the Plaintiff (you) bears the burden of proving your case.

Don’t Rely on T.V.

Most people have heard the term: ” proof beyond a reasonable doubt” in movies and on television.

But that is NOT the burden that applies in personal injury compensation claims; it is the burden that applies to criminal prosecutions.

In a personal injury compensation claim you bear the burden of proof: “on the balance of probabilities“. In other words, is more likely than not that the other driver was negligent and that the negligence caused your injuries.

Think of Scales

The easiest way to remember this is to consider a pair of scales. All the evidence FOR your claim is placed on one side of the scale. All the evidence AGAINST your claim is placed on the other side of the scale.

As long as the scales tip to the side FOR your claim, even a little bit, then you have met the burden of proof on the balance of probabilities.

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