When a personal injury claim or lawsuit moves forward, you and your lawyer will have to supply adequate proof. The legal standard for what counts is known as the standard of proof. Take a look at what the standard in personal injury law is and how it might be applied to your case.

1. More Likely than Not

This is sometimes referred to as the 51-percent standard. Essentially, it means if the balance of the evidence in the case shows that your version of events is more likely than not the one that happened then you prevail.

Notably, this should not be confused with the percentage of responsibility in a case. If the at-fault party is found 75% responsible in a case where the question fell to the plaintiff 51-49, the defendant is liable for 75% of the damages in the case, not 51%.

2. Working with a Claims Adjuster

It's also worth noting that a claims adjuster doesn't necessarily have to follow this standard. From the viewpoint of an insurance company, there are a lot more questions in play than whether one side is likely telling the truth. For example, how expensive will it be to defend the case in court versus simply paying it out? What is the risk that the plaintiff will prevail and obtain a massive judgment? For an insurance carrier, it's often smarter to just settle the case and avoid the larger risk of a big award.

On the other hand, an insurance company doesn't want to encourage false claims. Consequently, the adjuster will conduct due diligence to ensure the claim is on the up and up. This may mean interviewing you and any witnesses. They'll also likely review police and medical reports.

Contrary to popular perception, the insurance company isn't out to stiff you. If anything, insurance firms tend to be frustrated by customers who don't want to settle cases. The goal of the insurance company is to avoid paying out clearly fake claims. You'll note that may mean paying out an iffy claim to avoid bigger trouble.

3. Going to Court

If the insurance company or the defendant refuses to settle, that's when the 51-49 standard of proof becomes important. You'll have the opportunity to obtain and present more evidence, and it's not uncommon for defendants to settle once more comes out. If the matter does go to trial, that's when the standard of proof will become critical to the outcome of the case.

Learn more about the process by contacting personal injury law services like Kilgore Smith LLC.