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(314) 500-HURTA trier of fact, also known as a fact-finder, is an impartial person or group of people responsible for determining factual issues in a legal proceeding. In personal injury claims, the trier of fact is responsible for determining liability and damages. The trier of fact must weigh the evidence admitted against the burden of proof, usually a preponderance of the evidence in civil claims, or whether the incident is “more likely than not” to have occurred as the plaintiff or defendant alleges.
In a personal injury claim, a trier of fact may be:
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In court proceedings, there is a distinction between questions of fact and questions of law. A judge is always the one who resolves questions of law, such as how a certain law is interpreted or which laws should be applied to a certain case. The trier of facts, meanwhile, only evaluates questions of fact, such as the strength of the evidence, witness credibility, whether the defendant is liable for any damages and, if so, how much the plaintiff shall be awarded.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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