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 New Mexico is the same as that needed for any civil case: a preponderance of the evidence. This means that a plaintiff must show that the defendant’s negligence, or failure to exercise care, more likely than not caused their brain injury and any resulting damages. This burden of proof is lower than the one used in criminal cases, which is beyond a reasonable doubt. A preponderance of the evidence means that the plaintiff must present enough evidence to show that their version of events is more likely than not accurate. This means that the jury must believe that it is more likely than not that the defendant caused the injury. The standard of proof needed to win a brain injury case in New Mexico is an important consideration for both plaintiffs and defendants. It is important for plaintiffs to ensure that they have enough evidence to meet the burden of proof required to win the case. On the other hand, defendants must be aware that even if the evidence presented is not beyond a reasonable doubt, they can still be held liable if the plaintiff has presented enough evidence to meet the standard.

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

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