Burden of proof in personal injury claims

Posted by admin on Jun 3rd, 2009 | no comments

In law there are two standards of proof. They are often referred to as the burden of proof.  In crime, the proof is beyond reasonable doubt. In civil law, which includes personal injury law, the standard of proof is a lesser one. It is on the balance of probabilities. A simple way to explain the two is as follows. If you saw a man in the street wearing a Manchester United shirt, it would be reasonable to assume that he was a Manchester United fan, ie on the balance of probabilities, he supports Manchester United. If you were to see the same man at Old Trafford, cheering when Manchester United scored, then it would be safe to assume beyond reasonable doubt that he supports Manchester United. Of course you cannot be absolutely 100% certain.

Lord Denning said in Miller v Minister of Pensions [1947] 2 All ER 372 that the balance of probabilities means ‘more probable than not’

Personal injury cases are heard on the balance of probabilities. If you have suffered a personal injury, where you have been injured through no fault of your own, you may well be able to make a personal injury accident claim for compensation. Please ring our freephone number 0800 169 3683 for fast friendly advice. 

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