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SERIOUS PERSONAL
INJURY |
Every day, hundreds of individuals are killed or seriously
injured as a result of the negligence (carelessness) of
others. Our system of justice permits recovery of monetary
damages in lieu of permitting us to take the law into our
own hands.
If you have been injured, you are required to prove the
following elements before you can recover monetary
compensation:
1. A duty of care owed to you;
2. A breach of the duty of care (careless conduct);
3. Causation between the careless conduct and the injury;
4. Damages caused by the careless conduct.
Consider the following jury instruction given in California
courts
BAJI 2.60
BURDEN OF PROOF AND PREPONDERANCE OF EVIDENCE
"The plaintiff has the burden of proving by a preponderance
of the evidence all of the facts necessary to establish:
(1) That the defendant was negligent. Defendant has
admitted liability.
(2) That the negligence of the defendant was a legal cause
of injury and damage to the plaintiff; and
(3) The nature and extent of the injuries claimed to have
been so suffered, the elements of plaintiff's damage and the
amount thereof.
The defendant has the burden of proving by a preponderance
of the evidence all of the facts necessary to establish:
(1) That Plaintiff was negligent; and
(2) That Plaintiff's negligence contributed as a proximate
cause to the injury and damage to have been suffered.
"Preponderance of the evidence" means evidence that has more
convincing force than that opposed to it. If the evidence
is so evenly balanced that you are unable to say that the
evidence on either side of an issue preponderates, your
finding on that issue must be against the party who had the
burden of proving it.
You should consider all of the evidence bearing upon every
issue regardless of who produced it."
I am an AV rated attorney (highest rating given by
Martindale Hubbel) with substantial trial experience in
injury cases. I am a hard working, dedicated and successful
attorney willing to work on a competitive percentage basis
(30% contingency fee in most cases). This means that I do
not get paid attorneys fees in the case until we collect.
No recovery, no fee.
Best regards,
OSCAR E. TOSCANO
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