Personal injury cases are civil court matters, unlike criminal cases. In a personal injury case, the injured person's job is to prove to the Jury that he has all facts regarding the accident against the defendant. The Judge has to get convinced by the plaintiff's version when the burden of proof is applied. All legal cases either criminal or civil are required to meet evidence related thresholds before a defendant is found liable. The defendant need not convince the Judge of his version of events.
 
On the other side, he can try to convince the Jury that his version is true by challenging the plaintiff's story by presenting the evidence. An Injury Lawyer In Mississauga can provide alternative facts simply to prove that the plaintiff's version of facts is not true to at least 50%. The plaintiff has to convince the Jury that his facts are true to at least 51% and not less than 49% which lessens the claim value. The plaintiff will receive a lesser amount if he fails to convince the Judge that the facts and evidence, he presented are more than 50%.  The plaintiff in the civil case including the personal injury claim has a much lower burden of proof and if he doesn't convince his facts then he is likely to lose the case. If you're a plaintiff, you need an attorney in such cases to prove every element of the case "beyond a reasonable doubt".

 The defendant has another advantage of "affirmative defense". Though the plaintiff or their Personal Injury Lawyer In Mississauga has proved that all his elements are true the defendant can prove them false by "affirmative defense" showing that the elements are "more likely than" not true. An affirmative defense can be an assumption of risk like when the plaintiff has been injured in the sport. The affirmative defense goes like if the plaintiff has "more likely than not" shown interest in the sport, he would not be injured which convinces the Judge that injuries are a normal part of the sport. The defendant is more likely to win such a case.

Another example is when the plaintiff has been punched in the face by the defendant in a bar. The bartender gives the testimony that the defendant has punched the plaintiff in his face to harm him. With the intention of harm by the defendant and testimony by the bartender, the plaintiff or their Personal Injury Lawyer in Mississauga is likely to win the case. For suppose the defendant makes three of the strangers in the bar present testimony that the plaintiff has asked the defendant to punch him to prove his tough jaw according to an affirmative defense. Then the defendant wins the case over the plaintiff. For more information visit Our Website