What is the burden of proof for a birth injury claim?
The burden of proof in a birth injury claim is the standard of proof that must be met by the plaintiff in order to prevail in the case. In New Jersey, the burden of proof for a birth injury claim is a "preponderance of the evidence." This means that the plaintiff must prove that it is more likely than not that the defendant caused the injury. In other words, the plaintiff must prove that the defendant’s negligence was the cause of the injury, and that the defendant’s negligence was a substantial factor in bringing about the injury. It is important to note that this standard of proof is different than other civil cases. In other civil cases, the plaintiff must prove their case "beyond a reasonable doubt," which is the highest standard of proof in the judicial system. In birth injury claims, however, the plaintiff must only prove that their case is more likely than not, which creates a lower threshold for the plaintiff to meet in order to be successful in their claim. It is also important to note that the burden of proof is especially challenging for birth injury claims because it is difficult to know with certainty what caused the injury, or if it could have been prevented. As such, it is important for plaintiffs to have experienced legal representation to help them meet this burden of proof and prove the liability of the defendant in the case.
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