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

In Kansas, the standard of proof necessary to win a brain injury case is determined by the burden of proof. In civil cases, the burden of proof is known as “by a preponderance of the evidence”. This means that the plaintiff must demonstrate that their claims are more likely to be true than not. The plaintiff must present enough evidence that the judge or jury is persuaded that the claims are more likely than not to be true. In order to prove a claim, the plaintiff must establish causation. In a brain injury case, causation refers to demonstrating the connection between the injury and the defendant’s negligence. The plaintiff must prove that the defendant’s actions or inactions caused the brain injury. This can be done with medical testimony, expert witnesses, and evidence that proves that the injury would not have happened without the defendant’s negligence. In some cases, the plaintiff may be able to demonstrate causation with circumstantial evidence. Circumstantial evidence is proof that infers the facts needed to determine liability and causation. For example, if the defendant was seen running a red light and then the plaintiff’s accident occurred moments later, the court can infer that the defendant’s negligence caused the accident. The plaintiff must prove their case by a preponderance of the evidence to win a brain injury case in Kansas. This standard is met when it is more likely than not that the defendant’s actions caused the plaintiff’s brain injury.

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

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