In the United States in personal injury cases, there is this term known as burden of proof. The case is normally determined on the amount of evidence that is available more than anything else. This also is a lower standard than what you would find in a criminal case in the US. In criminal cases, the jury must see proof that is beyond a reasonable doubt in order to make their decision of guilt.
If you have a personal or civil injury case, such as a slip and fall, a vehicle accident, or wrongful death case, the person that was injured or their family have to prove that more than likely the defendant is the person at fault or was in some way negligent which caused the injury or death. So, this just means that if the jury even if they are a little bit uncertain about the fault, the injured person will win.
In the majority of vehicle cases, the insurance company will be the one that will have to pay for damages up to the amount the court awards by the jury.
If you are concerned about who will pay your defense attorney in the case of a slip and fall, dog bite or other type of personal injury in the US. Once again it is normally the insurance company. Most companies of all sizes are covered by insurance for these types of accidents and the jury will normally state that the insurance company will need to pay for damages.
If you are in an accident and John Doe hit your car, as long as John Doe has insurance, your attorney will sue John Doe as it is a law that all vehicles on the road are covered by liability insurance. The verdict of the jury will be the amount of liability insurance that John Doe carries.
There are so many cases that are just plain out lies in the US, should I worry that the jury will not believe my injuries occurred in the way they did? The truth is that if you hire an attorney, you will be able to get all the proof you need to prove that the person or company was negligent and they were at fault with your injury. The jury in most cases, will believe the injured party especially when they have evidence such as pictures of water of the floor of the store that made you fall or photos of the dog bite along with medical bills.
Of course, a lawsuit with a jury does cost quite a bit of money; however, if you win the insurance company or the person at fault will have to pay for your attorney along with all other fees.