What is the standard of proof needed to win a brain injury case?

The standard of proof needed to win a brain injury case in Maine is called the ‘preponderance of the evidence’. This means that a person must prove that it is more likely than not that the injury was caused by the defendant’s negligence. This standard is usually referred to as a ‘51% standard’, or ‘more likely than not’. In order to prove the negligence of the defendant in the case, the plaintiff (the injured party) must present evidence of the defendant’s conduct that directly led to the injury. This evidence may include medical records, statements from witnesses, and even expert testimony. The plaintiff must also prove that they were not responsible for the injury in any way. It is important to remember that the standard of proof required to win a brain injury case is not the same as the standard of proof for criminal cases. In a criminal case, the defendant must be proven guilty beyond a reasonable doubt. In a civil case, such as a brain injury case, the defendant must only be proven to be more likely than not to be liable for the injury. In addition to the aforementioned evidence, the plaintiff must also show that the brain injury was caused by the defendant, as opposed to being caused by any other outside factor, such as a pre-existing condition. This is done by looking at the medical history of the injured person and obtaining testimonies from doctors that specialize in brain injury cases. Overall, meeting the standard of proof in a brain injury case can be a complex and difficult process. It is important to discuss the details of your specific case with an experienced brain injury lawyer in order to understand the exact standard of proof required for a successful claim.

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What is the standard of proof needed to win a brain injury case?

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