In today’s episode of “Getting Legal with Tim Misny,” CBS weatherman host Jason Handman asks me to explain what is “burden of proof.”
Oftentimes people ask me to explain legal terms to them because they know I am a personal injury lawyer in Cleveland, Ohio. Simply put, the burden of proof in negligence cases is the requirement that the plaintiff (me and my client) prove certain things in order to bring the lawsuit. Watch the episode to hear exactly what needs to be proved.
If you have any questions about “legalese” or personal injury law, send them in to the Tim Misny Facebook page. They might be featured in upcoming “Getting Legal” episodes.
Getting Legal airs on CBS 19 every Friday morning at 7:55 a.m.
Jason Handman: Good morning, welcome to another edition of Getting Legal with Tim Misny. Tim, back at our favorite spot, the Diner on 55th. Now, we’ve been talking about the past over 3 decades, 32 years of your incredible success with birth injury, medical malpractice and catastrophic injury cases. In terms of legal terms, one of the terms I’ve heard of is burden of proof. First of all, what is that?
Tim: Simply stated, Jason, a burden of proof is that we have an obligation to prove the case. People who bring a claim they’re called a plaintiff. The plaintiff has a burden to prove certain elements of the case. First thing you have to prove is that there is negligence, that somebody breached the duty of care owed. You’ve got to prove –
Jason: OK, wait a second, hold on. So, the burden of proof I have to – I come to you, some tragedy happened. We have to prove that, I guess – What are we proving here? We are proving two things. We are proving liability, that somebody did something wrong. OK, that somebody’s negligent. Someone breached the duty of care owed. We’re proving that. Then the second thing, of equal import – we have to prove damages. OK. We have to prove how badly someone is hurt. Oftentimes I bring in a Ph.D. economist, I bring in a life care planner to show just how expensive it is going to be to maintain this person for the rest of their life.
Jason: OK, that was going to be my other question. When I come to you, when I’m looking to prove that burden of proof, how do you do that?
Tim: Well, I am networked with nationally recognized experts. And you’ve heard the term “battle of the experts?” Our experts look at the case and give honest, fair evaluation, and oftentimes these experts are at the cutting edge of their particular field whether it’s radiology, emergency room medicine, et cetera, they’re at the cutting edge and they will show clearly why medical malpractice occurred what the elements are. Oftentimes I’m able to prove those elements and the case solves.
Jason: All right, and how can people get a hold of you?
Tim: Really simple: 1-800-55-MISNY, or visit my website, www.misnylaw.com.
Jason: All right, thanks so much, Tim.
Tim: Jason, thank you.