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Monthly Archives: August 2026

The Burden of Proof

Aug 31, 2026 - Personal Injury by

In a legal dispute, one party bears the burden of proving that their facts are correct. The burden of proof typically rests with the person who brought the lawsuit, and it includes two components: Burden of Production – This is the duty to provide enough evidence to support a legal case Burden of Persuasion –  This is the duty to convince the judge or jury that the claim is true, and is subject to evidentiary legal standards such as clear and convincing evidence

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"We realize there are many options for representation out there, and we talked with several of the “big names” before finding Cross and Smith. With the others, it felt like we were being bullied, in a tank with hungry sharks. We are still receiving junk mail from some. We are SO thankful we were referred to Justin Smith (Cross and Smith) for our accident claim. He and his team were absolutely amazing."
Posted By: Jamie Wyatt

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