Hawaii Burden of Proof
The burden of proof in negligence cases is on the plaintiff. This does not mean that the plaintiff's lawyer must present absolute proof or that the evidence presented by the lawyer in the lawsuit must be conclusive. It only means that the plaintiff's lawyer must present sufficient evidence in the negligence lawsuit so that a reasonable judge or jury might rule in favor of the plaintiff. The burden of proof in a negligence claim can be met by the testimony of the plaintiff. Once the lawyers for the plaintiff have presented their evidence, the burden of proof then shifts to the defendant to present evidence of any affirmative defenses. If the defendant claims that the plaintiff was contributorily negligent, then he has the burden of producing evidence that the plaintiff was contributorily negligent. Just as the plaintiff's burden of proof on the issue of negligence need not be conclusive, a defendant's burden of proof of contributory negligence also need not be conclusive.
The standard of proof in most auto accident cases, is called the "preponderance of the evidence " standard. It is less strict than the standard in criminal cases of proof “beyond a reasonable doubt ". The "preponderance of the evidence" standard has been defined to mean the more persuasive evidence or the evidence which is more likely than not to be true as to what happened in the accident.
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Hawaii Personal Injury Attorney David W. Barlow is licensed to practice law in the State of Hawaii. He is available to meet with you anywhere on the Island of Oahu regarding your personal injury case and throughout the State on a case by case basis. Hawaii Personal Injury Attorney Barlow is available to meet with you regarding your personal injury claim in the following cities on Oahu: Honolulu, Waipahu, Mililani, Waipio, Pearl City, Waimalu, Honouliuli, Ewa, Ewa Beach, Kalihi, Schofield Barracks, Wheeler, Wahiawa, Village Park, Makakilo, Nanakuli, Maili, Waianae, Makaha, Haleiwa, Waialua, Hickam, Iroquois Point, Aiea, Fort Shafter, Waikiki, Kahala, Hawaii Kai, Palolo, Waimanalo, Kailua, Kaneohe, Kahuku, Laie. As a Hawaii Personal Injury Lawyer, I am dedicated to helping you obtain the compensation that you deserve for your personal injury.