New Haven Car Accident; What is Convincing Evidence?

Posted by Richard P. Hastings | Jun 22, 2011 | 0 Comments

In an instant, your New Haven car accident case changes everything. Your life is suddenly put on hold.  You are in constant pain, you have mounting medical bills and you cannot work.  Where do you turn and what do you do?  Our firm has been helping people like you for decades. You get better and we will handle everything else.

How does the jury decide who is at fault in your New Haven car accident? What percentages of fault each party is responsible for? And most importantly, what damages are to be awarded to the plaintiff? Prior to the jury starting deliberations, the judge will charge or give instructions to the jury. Once such charge might address the issue of Clear and Convincing Evidence and could include the following directive:

3.2-2 Clear and Convincing Evidence-Revised to January 1, 2008:  Now an accusation of is serious, and, therefore, the law applies a higher standard of proof than is employed ordinarily in civil cases.  The party making such a claim has the burden of proving it by clear and convincing evidence, which is a more exacting standard than proof by a preponderance of the evidence as I have previously defined that standard to you in regard to other claims in this case. Thus, a party cannot meet the burden of establishing by simply producing evidence which is slightly more persuasive than that opposed to it, which would meet the burden of proof under the preponderance of evidence standard.  Instead, the party must produce clear and convincing evidence, which is evidence that is substantial and that unequivocally establishes the elements of , which I shall shortly explain to you.  Clear and convincing evidence is evidence that establishes for you a very high probability that the facts asserted are true or exist.

Before you hire a New Haven Car Accident Lawyer, speak to an insurance adjuster, or sign any paperwork, call us at 888-244-5480 for a free consultation, and download one of our free eBooks. 

About the Author

Richard P. Hastings

Attorney Hastings concentrates his practice on personal injury and litigation. Devoted to helping those who have suffered some type of wrong, Richard P. Hastings concentrates his law practice on personal injury law.

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