In a personal injury case, the plaintiff must prove his or her case by a preponderance of the evidence. This is commonly interpreted to mean: more likely than not, or by more than 50%. The plaintiff must prove both that the defendant was legally responsible for the injuries sustained and was a legal cause of those injuries. This burden of proof is different from that of criminal cases. If the plaintiff does not prove every element of the claim by a preponderance of evidence, then the judgment goes in favor of the defendant.
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