When proceeding with a Buffalo personal injury lawsuit, the plaintiff will, at some point, usually be required to establish that they can make out a prima facie case. The term prima facie is an old Latin-based phrase that has survived into modern legal usage. It translates as meaning “at first view.”
Prima facie evidence is evidence sufficient to raise a presumption of fact or to establish the fact in question unless rebutted. Basically, this means that if everything offered by the party attempting to establish a fact is accepted as true, then that fact would be considered established or valid.
To establish a prima facie case in a personal injury lawsuit, the plaintiff must put forth evidence regarding every factor to be considered in the case that is sufficient to raise a presumption that the plaintiff can prove each factor. The factors that must be proven would include that the defendant was negligent, that the plaintiff was injured, and that the plaintiff’s injury was caused by the defendant’s negligence.
If the defense believes the plaintiff cannot establish a prima facie case, they may attempt to have the plaintiff’s case dismissed before it is brought to trial. When this occurs, the judge will rule on the evidence submitted by the parties and determine if the plaintiff has sufficient evidence on each factor challenged by the defense. Failure to establish a prima facie case would result in the personal injury lawsuit being dismissed.
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