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The Burden of Proof in a Delaware Personal Injury Case

Sticky notes and other evidence on a bulletin board that says "Burden of Proof"

You may be asking yourself...

“What do I have to prove to be able to recover money from injuries I sustained in a car accident?”

When it comes to seeking compensation for injuries sustained in a car accident, understanding the burden of proof is crucial. As your dedicated Delaware Injury Lawyers, our primary objective is to assess this burden from an impartial standpoint to determine the viability of your claim.

In the legal landscape of Delaware, the burden of proof lies solely on the plaintiff. It is the responsibility of the injured party to demonstrate that negligence existed on the part of the defendant. This demonstration must be done by a preponderance of evidence, a term that, while not precisely defined, carries specific interpretations within the legal realm.

Preponderance of the evidence does not have a clear definition; however, it does have court interpretations.

The Supreme Court of Delaware ruled “the side on which the greater weight of the evidence is found is the side on which the preponderance of the evidence exists…weight of the evidence in this case clearly rests on the plaintiff’s side of the scale.”

Although the Court does not give us a bright line rule (i.e. 51% or more), they do hint at a scale and the tipping of it—meaning if the weight is 50.1% heavier on one side then the scale will be tipped in that party’s favor.

Navigating the intricacies of the legal system can be complex, especially when dealing with personal injury claims arising from auto or work-related accidents. At Kimmel Carter, our team of experienced attorneys is dedicated to guiding you through this process. We understand the challenges you may be facing and are here to offer support and legal expertise.


At Kimmel Carter, the experienced attorneys are here to help you! If you have been involved in an auto or work accident, please call us for a free legal consultation at (302) 565-6100.

2 commenti

16 mar

Stationed at Dover AFB from 1979-1983, and later developed Prostate Cancer. Am I eligible for compensation?

Mi piace

17 feb

Nice article

Mi piace


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