What is the standard of proof in a burn injury case?

In a burn injury case in California, the standard of proof that must be met is known as the “preponderance of the evidence” standard. This means that a plaintiff must prove that an injury occurred and that the responsible party is liable by demonstrating that the evidence shows it is “more likely than not” that the injury and liability are true. In other words, the plaintiff must demonstrate that the facts in the case, when weighed together, show that their version of what happened is more likely to be true than not. This is a lower burden of proof than the standard of “beyond a reasonable doubt” which is used in criminal cases. To prove their case, plaintiffs must present evidence including eyewitness accounts, medical records, police reports and other relevant documents, as well as expert witnesses to testify about the extent and severity of the injury. In addition, the plaintiff must demonstrate that the defendant’s negligent action or inaction was the cause of the injury. The standard of preponderance of the evidence requires a plaintiff to show that their side is more likely to be true than not. If done correctly, this can be a challenge to prove, but if the plaintiff meets this standard, they will be able to successfully pursue a claim for damages in a burn injury case in California.

Related FAQs

What kind of medical records do I need to present in my burn injury case?
How can I tell if a lawyer is qualified to handle a burn injury case?
Is there a difference between a burn injury case and a medical malpractice case?
How does causation apply to burn injury law?
How can I prove that I was a victim of medical malpractice in a burn injury case?
What is the difference between a burn injury lawsuit and workers’ compensation?
How do I choose a lawyer for a burn injury case?
How do I determine when the injury occurred in a burn injury case?
What kind of evidence will I need to support my claim of burns?
What kind of compensation is available in a burn injury case?

Related Blog Posts

Explaining the Basics of Burn Injury Law - July 31, 2023
Establishing Liability in Burn Injury Cases - August 7, 2023
Top Questions to Ask an Attorney About Burn Injury Law - August 14, 2023
Understanding How Settlement Amounts Are Determined in Burn Injury Law - August 21, 2023
Guidelines for Proving Negligence in a Burn Injury Claim - August 28, 2023