When someone files a lawsuit in Alabama, that person (i.e., the plaintiff) has the burden of proving the allegations he makes in the case. Just because he alleges it doesn't make it accurate. In other words, a complaint simply contains allegations that the defendant or defendants did some act (or failed to act) and that the plaintiff is seeking damages. Time and consideration must be given to whether it is a good idea to file a lawsuit, and it is not always the best course of action.
In a United States court of law, the allegations in a complaint are subject to a standard of proof that must be satisfied for the plaintiff to obtain a verdict in his favor. The plaintiff must prove that he is entitled to receive any degree of compensation or damages. The plaintiff must present evidence to support the allegations in his complaint. The goal is that the evidence will "tip the scales of justice" in the plaintiff's favor—hopefully, the evidence needed to prove the allegations exists and is obtainable.
Burden of Proof and Insurance Adjusters
Before a lawsuit is filed, a possible settlement is discussed between the personal injury lawyer and the company that insures the alleged wrongdoer. Most cases are settled outside of court. No burden of proof applies during negotiations before a lawsuit is filed.
Nonetheless, the case must be treated as if it is going to trial. That means investigating the claim and gathering information to satisfy the burden of proof if a lawsuit is filed. I want you to know that ensuring a case is well-supported and documented during the negotiation process is advantageous. The insurance company will understand that the personal injury lawyer is serious about getting fair and just compensation. Lawsuits may have to be filed when necessary.
Burden of Proof in Alabama Personal Injury Cases
The burden of proof identifies the party responsible for proving their case in court, and the evidentiary threshold must be satisfied. Simply put, it's the level of evidence required to establish a claim. The party with the burden of proof must prove the claims by presenting sufficient evidence at trial. So, what level of proof would be enough?
Most people are familiar with the burden of proof, referred to as “beyond a reasonable doubt.” However, civil cases use lower standards of proof, either “reasonable satisfaction” or “clear and convincing evidence.”
In Alabama, the "reasonable satisfaction" standard is probably the most common standard of proof required in personal injury cases, and it applies in negligence cases. Negligence must be proved to the jury's "reasonable satisfaction" for a plaintiff to succeed on that claim. The jury is the finder of fact; however, in a bench trial, the judge is the finder of fact.
Understanding The Burden of Proof in Alabama Negligence Cases
Simple negligence is a common allegation in a personal injury case in Alabama. The plaintiff has the burden and must prove every element of the claim.
Whether the defendant owed a duty to the plaintiff is a question of law for the judge to decide if the " duty " element is disputed. However, the other aspects of a simple negligence claim must be proven to the jury's reasonable satisfaction. The required elements are as follows:
- That the defendant was negligent (i.e., the defendant failed to use reasonable care to prevent harm);
- That the plaintiff was harmed; and
- That the defendant's negligence was a cause of the plaintiff's harm.
The defendant in a personal injury case does not have to prove anything. If a plaintiff's evidence is insufficient, a defendant may say nothing and let the judge or jury decide whether the plaintiff has proved their case to the necessary standard. Again, the essential standard is "reasonable satisfaction."
However, if a defendant raises an affirmative defense, such as an assumption of risk or contributory negligence, the burden of proof shifts to the defendant, who must prove all the elements of the affirmative defense, and the defendant must meet the burden of proof for affirmative defenses. For example, a defendant who raises contributory negligence must prove contributory negligence under the reasonable satisfaction standard.
Understanding Clear and Convincing Evidence
In Alabama, a higher burden of proof applies when a plaintiff seeks punitive damages in a personal injury case. However, the higher burden of proof does not apply to wrongful death cases, which allow for punitive damage awards.
The purpose of a punitive damage award is to punish and deter certain types of conduct. For example, operating a motor vehicle while impaired (e.g., driving under the influence) and causing injury to another person is the type of conduct that may warrant punitive damages.
The plaintiff must show they are entitled to punitive damages by "clear and convincing evidence." The burden of proof for punitive damages is higher than a "preponderance of the evidence," but it is less than beyond a reasonable doubt. Under Alabama law, clear and convincing evidence is defined as:
Evidence that, when weighed against evidence in opposition, will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof that is more significant than a preponderance of the evidence or the substantial weight of the evidence but less than beyond a reasonable doubt.
Ala. Code § 6-11-20. Notably, clear and convincing evidence means there is a high probability that the plaintiff's allegations are true. Overall, it is supposed to be more challenging to prove the type of conduct that warrants punitive damages.
Contact a Personal Injury Attorney in Alabama Today
Hobbs Law, LLC may review your case and discuss possible legal options. If we decide to proceed with your case and pursue your claims, a strategy will be put into place, and that involves making sure the burden of proof is properly addressed and adequately implemented. The goal is to get our clients the best possible outcomes in terms of compensation, and proving the case is our objective to meet that goal. Contact us at 205-683-2892 to schedule a free consultation to discuss your possible case today.