Should you Accept the Insurance Company's First Offer?

The Burden of Proof in a Florida Personal Injury Action

Posted by Guy DiMartino | Mar 20, 2013 | 0 Comments

Florida trial lawyer, Guy S. DiMartino, DC, JD explains the burden of proof in a personal injury action.

An injured person who makes a claim for an injury is called the claimant or plaintiff.  The law requires the plaintiff to prove each element of a personal injury action by a “greater weight of the evidence.”  So, in order to be successful in a personal injury claim, the injured person has to show that the other party:

  1. Owed them a duty of care – there is a relationship between the parties
  2. Breached the duty of care – negligence
  3. Causation & Damages – that the actual negligence either caused or substantially contributed to the injuries claimed

Your Florida jury will be instructed on the burden of proof as follows:

[The parties] [(claimant)] must prove [his] [her] [their] claims by the greater weight of the evidence. I will now define some of the terms you will use in deciding this case.

“Greater weight of the evidence” means the more persuasive and convincing force and effect of the entire evidence in the case.

Lawyers and courts will describe the burden of proof as “preponderance of evidence” or “more likely than not.”  The standard requires the plaintiff to show that a fact is more likely right than wrong.  Juries struggle with the burden of proof and sometimes require injured folks to prove that the accident definetly caused their injuries, which is one of the risks of going to trial.

If you have any questions about the burden of proof in Florida, you can always call me directly on my cell phone at (352) 267-9168 or fill out the internet consultation form on the right. 

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What makes me Unique?

What distinguishes my firm from the many injury firms throughout the state is my background as a chiropractic physician treating injured patients for 17 years. This gives you the benefit of having someone fighting for you that understands the nature and extent of your injuries and your road to recovery.

We are Partners

If you are my client, we are partners in your road to recovery. You will always have direct access to me to have your questions answered.

Copyright © 2017 Guy S. DiMartino DC, JD, PA

Areas That We Serve: Hammond, IN | Highland , IN | St. John, IN | Schererville, IN | Griffith, IN | Merrillville, IN | Hobart, IN | Portage, IN | Burns Harbor, IN | Ogden Dunes, IN | Gary, IN | South Haven, IN | Valparaiso, IN | Kouts, IN | Knox, IN | Hebron, IN | DeMotte, IN | Cedar Lake, IN | Crown Point, IN | Dyer, IN | Lowell, IN | Michigan City, IN | LaPorte, IN | Wanatah, IN | Westville, IN | Winamac, IN | South Bend, IN | Plymouth, IN | Elkhart, IN | Whiting, IN | Rolling Prairie, IN

Menu