What is the standard of proof in a burn injury case?
In a burn injury case in Florida, the standard of proof is known as the ‘preponderance of the evidence’ standard. This means that the plaintiff (the injured party) needs to present evidence that it is more likely than not that the defendant (the party being sued) acted negligently or with intent to harm. In other words, the plaintiff must show that the facts of the case are more likely true than not true, meaning that if the trier of fact (the judge or jury deciding the case) had to decide between two equally likely options, they would pick the option that the plaintiff presents. In order to meet the preponderance of the evidence standard, the plaintiff must provide evidence that is more credible than not. This involves using evidence that is based on fact, rather than supposition or opinion. The evidence must be such that a reasonable person would find it to be more likely true than not true. Witnesses and experts can both provide evidence in support of the plaintiff’s case. The plaintiff also has the burden of proof to show that the defendant was either negligent or intended to harm the plaintiff. This is done by showing that the defendant did not act with the carefulness that a reasonable person in the same situation would have exercised. The plaintiff must show that the defendant’s action or inaction was the main cause of the burn injury. In order to win the case, the plaintiff must prove their case by a preponderance of the evidence. If the plaintiff can show that their evidence is more credible than not, then they will win the case and be able to receive the compensation they are seeking.
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