What is the burden of proof in a personal injury case?

In Massachusetts, the burden of proof in a personal injury case is known as the preponderance of the evidence. This simply means that the party who is accusing the other party of being responsible for the injury must prove that it is more likely than not that the other party is responsible. This burden of proof is in contrast to the criminal burden of proof which requires that the accused party is proven guilty beyond a reasonable doubt. In order to meet the burden of proof in a personal injury case, the person making the claim must show that they were injured, the other party was responsible for their injury, and the amount of compensation they are requesting is appropriate. To prove that the other party is responsible, the person making the claim will need to show evidence that the other party was negligent in some way, or that they had a duty to take certain precautions to prevent the injury from occurring. Evidence such as eyewitness statements, medical records, photos, or other types of documentation can be used to prove negligence. The burden of proof in a personal injury case in Massachusetts is on the person making the claim, which means it is their responsibility to prove that the other party is responsible in order to receive compensation.

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What is the burden of proof in a personal injury case?

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