subject: Defense Base Act Lawyer Straight Talk: What Proof Do I Need To Win My Dba Case? (part 1) [print this page] Defense Base Act Lawyer Straight Talk Defense Base Act Lawyer Straight Talk
If you are a seriously injured Defense Base Act worker - it is very important for you to know the truth about the Defense Base Act and your DBA claim. Here, we give you Straight Talk. Just good old fashion unsweetened, unvarnished, unabashed truth. If you Google "Defense Base Act Lawyer Straight Talk" or "Defense Base Act Attorney Straight Talk" you will find dozens of great articles by a Defense Base Act Lawyer that will help you win your DBA case. This is Part 1 of a 2 Part article. Be sure to read Part 2 of this artitcle: Defense Base Act Attorney Straight Talk: How To Win My DBA Case (Part 2).
What Am I Going To Need To Prove In Order To Win My DBA Case
In order to prevail in your Defense Base Act case, you must show you sustained a harm and that conditions existed or an incident occurred at your work which could have caused the harm. If you accomplish this, Section 20(a) provides you with a presumption that your injury is causally related to your employment.
The Initial Proof You Must Show Is A Much Lesser Level Of Proof
The quantum of proof required of you at this stage is less than a preponderance of the evidence; it is enough if you produce some evidence tending to establish both your injury and the connection to your DBA employment. Your (read: an injured DBA worker) uncontradicted credible testimony alone may constitute sufficient proof of physical injury.
This is another reason why it is so important to be 110% honest. Because if the Judge believes you - your testimony alone may win your DBA case. Seriously. We don't advocate you go into a DBA trial with just your testimony and no other proof. But, you need to know, your testimony can and will make or break your DBA case. A word to the wise should be sufficient.
You don't have to have medical evidence that your working conditions could have caused your harm. For example, evidence that you sustained chest pain at work is sufficient without evidence of a myocardial infarction.
If you accomplish this; Section 20(a) provides you (read: DBA Claimant) with a presumption that your injury is causally related to your DBA employment.
Disclaimer
This article is not legal advice. Your circumstances may differ from those described in this article. If you are a seriously injured DBA worker, you are urged to hire the best Defense Base Act Lawyer you can find. Finally, this whole 20(a) Presumption stuff is extremely helpful to you. That is why you must always tell the truth. Never exaggerate your injuries or symptoms.
