Babies who have suffered in a shaking incident, from a nanny, babysitter, or day care worker, will have future expenses for medical costs, rehabilitation, and in some cases, full-time care. Seeing the accused brought to justice in criminal court is not enough. That person, and whoever could have stopped them, is financially responsible for what they’ve done. Our job is to see they pay.
Differences Between and Criminal and Civil Case Against the Wrongdoer
A criminal case that involves a shaken baby is much different that a civil case. In civil court, negligence is the focus of the issues, not whether a crime can be proven. Proving that injury was intended for the baby is not needed to be proven in a civil lawsuit. Instead, a family injury attorney will seek to prove that the person handling the baby failed to use reasonable care.
Since proving a criminal case requires a unanimous verdict, the accused may escape a criminal conviction. This does not mean we as your civil attorneys cannot still prove your case. If we can show a jury in a civil case that the person responsible was careless, unintentionally injured the baby, or did not use handle the baby in a reasonable manner.
Standard of Proof
The standard of proof in a civil case is a preponderance of the evidence and not beyond a reasonable doubt. This lower evidence standard means your Orange County shaken baby syndrome attorneys need only prove that the person accused of shaking the baby “more likely than not” did it. Where a district attorney may decide against bringing a case against the accused because he or she lacks a solid case and cannot prove the accused did it “beyond a reasonable doubt,” the Orange County Family Injury Attorneys can go forward with the evidence gathered during the discovery process and hire experts to hold the accused financially responsible for the injuries.
Don’t Get Discouraged
So, there’s no reason to be discouraged by the legal process just because the district attorney was hesitant to go forward with the case because it wasn’t a “slam dunk.” The civil lawyers such as those located in Santa Ana, or Anaheim Hills, will still represent your baby and your family when the district attorney bows out. The same goes for Los Angeles shaken baby syndrome attorneys as well.
Other Advantages of a Private Lawyer
The other advantage we hold over the district attorney is our ability to call upon a wider range of medical experts, some the most respected physicians in California, to testify on your baby’s behalf. We will meticulously prove the time the injury occurred to pinpoint responsibility on the proper parties. Fewer limitations; better witnesses; proven trial experience. That’s why choosing the shaken baby syndrome attorneys in Orange County & Los Angeles to take on your shaken baby syndrome case is your best choice.
Whether you need an accident lawyer, or intentional injury lawyer in Los Angeles, or OC, we are waiting for your phone call on our attorney hotline. Call 1-888-400-9721 for a free consultation today.