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Burden Of Proof Explained
Learn about the burden of proof, who this affects and when it applies.
£100 million in compensation
Burden Of Proof Explained
Learn about the burden of proof, who this affects and when it applies.
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When you have been affected by the negligent actions of another party, figuring out the different legal terms associated with making a claim can seem complicated. Simply put, the burden of proof refers to the responsibility of a party, typically the claimant, to prove their claim. You can learn about other definitions in our legal glossary page.
Common ways of proving a case include providing a copy of your medical records, witness testimonies, photos of injuries and accident reports. You may find it beneficial to start gathering your evidence as soon as possible in order to strengthen your chances of success during the claims process. A compensation award could help you to recover your financial losses as well as compensate for the physical and emotional pain you suffered. Many claimants find that this aids their recovery, as they can prioritise getting the care they need over any financial stress.
Although establishing the responsibility of the liable party can seem challenging, our specialist personal injury solicitors can help you. They are experts in proving compensation claims and will give you the guidance you need. You can enquire about their services and anything else related to claiming by contacting our friendly advisory team.
At JF Law, our advisors understand that you have likely been through a stressful ordeal. Therefore, their advice is offered to you free of charge and without any strings attached.
- Call 0151 375 9916.
- Use our contact form.
What Is Meant By Burden Of Proof?
The burden of proof refers to the need for a party to provide sufficient evidence that supports their argument. For example, say that you are making a claim that you were injured at work due to your employer’s failure to fix a faulty machine. In this case, you would need to prove the extent of the harm you have suffered and your employer’s failure to fix a known fault with the machinery.
Each case is different, so the exact nature of the evidence will depend on what the claimant is trying to prove. The defending party may accept liability early on, or they may dispute this. It is important that you can confirm that the defending party is liable, as it is generally not possible to make a successful compensation claim without this.
This may be your first time encountering this term. Should you have any questions about the definition of the burden of proof, you are welcome to speak with one of our advisors.
Who Is The Burden Carried By?
As the claimant, you will carry the burden of proof, meaning that you must show how exactly the defending party has caused you harm. The burden can shift, as we outline in a later section.
When making a claim, your solicitor will explain what evidence you need to prove each aspect of your case. There is no need to take on the process on your own, so enquire with our advisors to learn if you qualify for legal representation.
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Understanding Legal Burden Vs Evidential Burden
The legal burden, also commonly referred to as the persuasive burden, is the responsibility of a claimant to persuade the jury/judge of the truth of their argument. This is usually done on the balance of probabilities, as explained in a later section. In contrast, the evidential burden means that a party needs to present sufficient evidence to show that an issue is worth the court’s consideration.
Should these terms apply to your case, your solicitor can explain anything you feel unsure of. Enquire with our advisory team today to find out whether one of our expert solicitors could guide you through the claims process.
What Is Meant By Shifting The Burden?
This shifts the burden of proof to the defendant. This will likely take place once the claimant has met the basic legal criteria for proving their case. The onus will then fall on the defendant to prove that the claim is false.
Understanding who is responsible for providing evidence can seem complicated. You may wish to enquire about the work of our solicitors, as they would explain what is required of you at each stage of the claim.
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We pride ourselves on providing the best service possible for our clients.
What Is The Presumption Of Innocence?
The presumption of innocence means that, legally, anyone who has been accused of breaking the law should be presumed innocent until their guilt has been proven. This is put into law by Article 6 of the Human Rights Act 1998.
The aim of this law is to ensure that each individual can access a fair and impartial judgment as to whether they have committed any wrongdoing. Get in touch with an advisor to learn more about the burden of proof, free of charge.
The Balance Of Probabilities And How They Apply
The balance of probabilities is the concept that something was more likely to have happened than not. This differs from having to prove that an incident occurred beyond all reasonable doubt (as you would have to do in a criminal case). Instead, it is only necessary to show that the chance of the event happening as you claim is greater than 50%.
In court, it is necessary for a judge to assess the evidence and reach a conclusion as to the likelihood that the claim is true. They will weigh up all the evidence provided in order to reach this decision. Various factors, such as the strength of each piece of evidence and the reliability of witnesses, will be taken into account as part of the process.
Contact our advisors at your earliest convenience to confirm whether you can claim and how these different legal concepts may apply.
Get Legal Advice On Your Claim From JF Law
You can get advice from JF Law about any aspects of claiming that you feel unsure of, including more information on the burden of proof. Keep reading to learn the advantages of working with JF Law.
Why Choose Our Solicitors To Claim For An Injury?
Our solicitors are not only experts in personal injury law, but they also know how to offer you invaluable support. This means that they will:
- Establish what evidence you need to establish a burden of proof and how you access this
- Argue for the maximum amount of compensation to be paid, reflecting the different ways you have suffered
- Manage communications on your behalf, ensuring that it is professional and accurate
- Connect you with experts who may aid your recovery (such as trusted psychologists and physiotherapists)
- Explain any complicated legal terms that will help you to understand what is happening with your case
Additionally, they offer these legal services through excellent No Win No Fee arrangements. This means that, once you have signed a Conditional Fee Agreement (CFA), they will represent you without charging fees for their work:
- Before you start claiming
- As you make progress on the case
- In the event that compensation is not given
However, if you do get compensation, you will be required to pay a certain percentage of this to your solicitor. This is known as a success fee. As part of your agreement, there is a limit on the percentage that can be taken. Therefore, you are legally entitled to keep most of the compensation.
Contact Our Solicitors
If you are hoping to work with a solicitor who can anticipate the support you will need, why wait any longer to contact a JF Law advisor? Figuring out legal concepts, such as the burden of proof, can seem immensely complicated when you don’t have the right help. Fortunately, our advisors are ready to help you 24/7.
Before deciding on any legal agreements, you are welcome to discuss the process with them and even get an estimate of what your specific compensation would cover. Following this, you may be given the option to work with one of our solicitors, though there is no pressure at all if you need more time to reach your decision.
- Call 0151 375 9916.
- Use our contact form.
Learn More
Read our other guides using the links below:
- Find out what an interim payment is
- Learn about litigation friends
- Visit this guide defining contributory negligence
External resources:
- Check whether you can claim Statutory Sick Pay (SSP)
- Read the Solicitor Regulation Authority’s advice on choosing a solicitor
- Follow the NHS guidance on administering first aid
Thank you for reading this guide on the burden of proof.
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