What is the standard of proof in a personal injury case?
In Washington, the standard of proof in a personal injury case is called "preponderance of the evidence." This means that the plaintiff’s evidence must show that it is more likely than not that the defendant was negligent or liable for the accident that caused the plaintiff’s injury. The plaintiff must demonstrate that the defendant’s negligence or liability is more probable than not. This is a lower standard of proof than what is required in a criminal case, which is “beyond a reasonable doubt.” The preponderance of the evidence standard is also used when the plaintiff is suing for economic losses, such as lost wages, medical expenses, or property damage. In order to succeed with their case, the plaintiff must present convincing evidence that would lead a reasonable person to believe that the defendant was responsible for the accident. The preponderance of the evidence standard is used in all civil cases, including personal injury cases. For the plaintiff to win a personal injury case, they must provide enough evidence to prove that it is more likely than not that the defendant was at fault for the accident. If the jury finds this to be true, the defendant may be held liable and the plaintiff may receive financial compensation for their injuries.
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