Attorneys
What Do You Have To Prove to Make a Recovery?
Transcription
First of all, I want you to know that as the injured party bringing a claim, you have to meet the civil burden of proof. This means that you have to prove it is more likely than not certain things happened. This is different from the criminal standard which is called beyond a reasonable doubt. Second, under the Iowa personal injury laws, you have to prove fault which is also called negligence. This means in a car accident case, for example, that the other driver violated a rule of the road and caused you to be injured. There are some cases like dog bites that have what is called strict liability in which you do not have to prove fault. I discuss the specifics of dog by cases later in this video. Third, you have to create prove what we call causation. This means you have to prove the personal injury accident caused your medical condition. This is often a hotly contested area in personal injury cases. The insurance company and their lawyers will use whatever they can to try to show that you had prior problems with the area of your body that is now injured or that something else caused your current medical issues. Keep in mind that I will od does provide for what are called aggravations. This means if a personal injury accident made a condition worse than the other party is responsible for the increased injury
