Personal injury Cases – Burden Of Proof

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.

The plaintiff must prove that the defendant was liable for the accident which means the defendant was negligent (or intentional) in bringing about the injuries actually sustained by the plaintiff.

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