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What’s the Burden of Proof in a Texas Personal Injury Case?

By Jose Ceja
Managing Attorney

In order to be successful in a personal injury case, you must be able to prove to a certain degree that the defendant was negligent. This level of proof is called the “burden of proof.” In Texas the standard for the burden of proof is known as a “preponderance of the evidence.” This standard means that you must prove that it is more likely than not that the defendant caused your injuries. 

In a criminal case, the standard for the burden of proof is “beyond a reasonable doubt.” Although personal injury cases require a lower standard than criminal cases, it doesn’t mean that it’s easy to prove. It’s important to understand what meets the standard of a preponderance of the evidence in order to win your case for negligence and recover compensatory damages. Even prior to contacting a Texas personal injury attorney there are things that you can do to put your case in the best situation to recover damages.

Seek Immediate Medical Attention

It can be extremely helpful to seek medical attention after you have been injured in an accident. The first reason for this is obviously to take care of any apparent injuries and to make sure that you are physically okay for those that aren’t obvious. The second reason this is important is to have a medical record of your injuries, which can be of use later on should you file a claim. 

Report Your Injuries

When an accident has occurred, you should call the police right away. If your accident occurred at work or during the regular course of business, it’s imperative that you report your injuries to your employer. The same thing goes if you were injured while on your landlord’s property; inform them immediately of the accident and your injuries. 

Maintain Records

As evidenced by the aforementioned reporting that you should do, it’s key to maintain records of anything related to the accident. This may include medical records, police reports, photos and videos of the scene of the accident and your injuries, lost wages, and the like. It’s better to maintain records of everything – even things you end up not needing – than failing to maintain records of things you may need. All of this can help you to meet the burden of proof.

Consult with an Attorney

It can be difficult to meet the burden of proof, even though it may seem simple. That’s why it’s in your best interest to consult with a Texas personal injury attorney who understands what you need to prove your case and recover damages. 

The Attorneys at Ceja Law Firm Help Those in Houston Who Have Been Injured in an Accident

If you or a loved one has been injured in an accident due to the recklessness or negligence of another, it’s vital that you understand to what you are entitled under the law. With this information under your belt, you can make the important decisions regarding how you want to move forward. That’s why it’s in your best interest to consult with a knowledgeable and experienced Houston personal injury attorney.

At Ceja Law Firm PLLC, we understand the impact that an accident can have on many parts of your life and the importance of properly dealing with such negligence or recklessness. That’s why we will work to get you the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!

About the Author
Jose Ceja is the managing attorney of Ceja Law Firm. He has practiced law since 2007 and has devoted his career to the practice of criminal law. Mr. Ceja began his legal career as a felony drug prosecutor, where he prosecuted drug, gang, and violent offenses. Mr. Ceja has first or second chaired almost 100 trials, including murders, drug cases, DWIs, and assaults. In his career as a defense attorney, he has regularly obtained dismissals, not guilty verdicts, and grand jury “no bills” in a wide variety of cases.