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

In North Carolina, the standard of proof needed to win a brain injury case is by a preponderance of the evidence. This is the same standard used in all civil cases and means that the evidence presented must show that it is "more likely than not" that the facts presented are true. This is a lower standard than is used in criminal cases, which requires that the prosecution prove the case beyond a reasonable doubt. In a brain injury case, the plaintiff must show that the defendant was negligent in some way that caused the injury. The plaintiff must present sufficient evidence to prove that the defendant acted in a manner that was unreasonable or careless and that this unreasonable behavior was the cause of the injury. This is why evidence is so important in these cases. Medical records and scientific evidence are often used to prove causation. Likewise, eyewitness accounts, security footage, and expert testimony can be useful. Ultimately, all evidence must be reviewed by a judge or jury, and they must be convinced that the plaintiff’s case is more likely true than not. If the plaintiff’s case meets the preponderance of the evidence standard, then a jury might rule in their favor. Likewise, if the jury is not convinced that the plaintiff’s case reaches this standard, then the defendant is victorious.

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

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